Retroactive Application of Tort Reform
Does the italicized sentence from the current version of 12 OS Section 2703 below apply to my case? The italicized part was added in the 2009 tort reform that was held unconstitutional last June. It was also inserted again during the special session, effective 12/9/13. Accident occurred in Feb. 2011.
“The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.”
Answer: Depends on whether the statute is to be applied retroactively or prospectively only. That's kind of a complex question the answer to which depends on whether the statute is substantive or procedural. Attached is a piece of a CLE paper on the issue you may find instructional.
Posted on Mon, April 21, 2014
by Travis Law Office filed under