Senate Bill No. 215
(By Senators Carmichael and Blair)
[Introduced February 19, 2013; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-27, relating to
limiting the amount of punitive damages recoverable in a
personal injury or wrongful death action.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §55-7-27, to read as
ARTICLE 7. ACTIONS FOR INJURIES.
55-7-27. Limits on punitive damages.
(a) In an action to recover damages for personal injury or
wrongful death, the maximum amount recoverable as punitive damages
may not exceed $500,000, or two times the plaintiff's compensatory damages award, whichever is less.
(b) For purposes of this section, "punitive damages" means
noncompensatory damages awarded against a party in a personal
injury or wrongful death action to penalize that party or to
provide a deterrence to discourage similar conduct by that party in
(c)Nothing in this section may be construed to create a claim
for punitive damages not existing in this code at the time of
enactment of this section.
NOTE: The purpose of this bill is to place limits on the
amount of punitive damages that may be awarded in a personal injury
or wrongful death action.
This article is new; therefore, strike-throughs and
underscoring have been omitted.