SENATE BILL No. 1379

June 18, 2002, Introduced by Senator PETERS and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9948) by adding section 2975.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 2975. (1) THE OWNER OF A DOMESTIC COMPANION ANIMAL MAY

2 BRING A CIVIL ACTION AND RECOVER NONECONOMIC DAMAGES UP TO

3 $250,000.00 FOR LOSS OF THAT DOMESTIC COMPANION ANIMAL CAUSED BY

4 ANOTHER PERSON'S GROSS NEGLIGENCE OR WILLFUL AND WANTON

5 MISCONDUCT.

6 (2) AS USED IN THIS SECTION:

7 (A) "DOMESTIC COMPANION ANIMAL" MEANS A TAMED VERTEBRATE

8 ANIMAL THAT RESIDES IN OR NEAR THE RESIDENCE OF THAT ANIMAL'S

9 OWNER. A DOG, CAT, OR HORSE IS PRESUMED TO BE A DOMESTIC

10 COMPANION ANIMAL. THE PRESUMPTION MAY BE REBUTTED ONLY ON A

11 SHOWING OF CLEAR AND CONVINCING EVIDENCE.

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1 (B) "NONECONOMIC DAMAGES" MEANS ANY TYPE OF PAIN, SUFFERING,

2 INCONVENIENCE, PHYSICAL IMPAIRMENT, DISFIGUREMENT, MENTAL

3 ANGUISH, EMOTIONAL DISTRESS, LOSS OF SOCIETY AND COMPANIONSHIP,

4 INJURY TO REPUTATION, HUMILIATION, OR OTHER NONPECUNIARY DAMAGES.

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