Senate Bill No. 587
(By Senator Mitchell)
____________
[Introduced March 26, 2001; referred to the Committee on the
Judiciary.]
____________
A BILL to amend article two, chapter fifty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five, relating to making certain statements, writings or
benevolent gestures expressing sympathy or a general sense of
benevolence inadmissible as evidence of an admission of
liability in civil actions.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five,
to read as follows:
ARTICLE 2. WRITINGS AND STATEMENTS OF PRIVATE PERSONS.
§57-2-5. Certain apologies inadmissable.
(a) Statements, writings or benevolent gestures expressing
sympathy or a general sense of benevolence relating to the pain,
suffering or death of a person involved in an accident and made to
the person or to the family of the person are inadmissible as
evidence of an admission of liability in a civil action.
(b) As used in this section:
(1) "Accident" means an occurrence resulting in injury or
death to one or more persons which is not the result of willful
action by a party.
(2) "Benevolent gestures" means actions which convey a sense
of compassion or commiseration emanating from humane impulses.
(3) "Family" means the spouse, parent, grandparent,
stepmother, stepfather, child, grandchild, brother, sister, half
brother, half sister, adopted children of parent or spouse's
parents of an injured party.
NOTE: The purpose of this bill is
to make certain statements,
writings or benevolent gestures expressing sympathy or a general
sense of benevolence inadmissible as evidence of an admission of
liability in civil actions.
This section is new; therefore, strike-throughs and
underscoring have been omitted.