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Arizona Personal Injury Damages Amendment, Proposition 103 (1994)

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The Arizona Personal Injury Damages Amendment, also known as Proposition 103 was on the November 8, 1994 ballot in Arizona as a citizen-initiated constitutional amendment. It was defeated.

This initiated amendment to Article II, Section 31, and Article XVIII, Sections 5 and 6, was intended to eliminate Constitutional provisions restricting the recovery of damages for personal injuries or death.[1]

Election results

Arizona Proposition 103 (1994)
ResultVotesPercentage
Defeatedd No663,31360.57%
Yes 431,846 39.43%

Official results via: Arizona Secretary of State

Text of measure

The text of the ballot read:

OFFICIAL TITLE

Proposed amendment to the Constitution by the initiative
Proposing an amendment to the Constitution of Arizona; amending Article II, Section 31, Constitution of Arizona; amending Article XVIII, Section 5, Constitution of Arizona; amending Article XVIII, Section 6, Constitution of Arizona, relating to civil justice reform.

DESCRIPTIVE TITLE

Amending the Arizona Constitution to eliminate the provisions prohibiting the legislature from restricting the recovery of damages for personal injuries, the consideration of certain defenses by a jury, and the amount of damages recoverable for death or injury.[1][2]

Constitutional changes

Be it enacted by the People of the State of Arizona:
The Constitution of Arizona is proposed to be amended as follows, by amending Article II, section 31; Article XVIII, section 5; Article XVIII, section 6, if approved by the voters and on proclamation of the Governor:
Section 1. Article II, section 31, Constitution of Arizona is amended to read:
31. Damages for death or personal injuries
Section 31. No A law shall MAY be enacted in this State limiting the amount of damages to be recovered for causing the death or injury of any person.
Section 2. Article XVIII, section 5, Constitution of Arizona is amended to read:
5. Contributory negligence and assumption of risk
Section 5. UNLESS OTHERWISE PROVIDED BY LAW, the defense of contributory negligence or of assumption of risk shall , in all cases whatsoever, be a question of fact and shall , at all times, be left to the jury.
Section 3. Article XVIII, section 6, Constitution of Arizona is amended to read:
6. Recovery of damages for injuries
Section 6. The right of action to recover damages for injuries shall never MAY be abrogated, and the amount recovered shall not MAY be subject to any statutory limitation.[1]

Note: Deleted language is crossed out, added language is capitalized.

Support

Supporters included:[1]

  • People for a Fair Legal System
  • Arizona Chamber of Commerce
  • Center Against Sexual Abuse
  • Pima Trails Association
  • Arizona Special Olympics
  • Volunteer Center of Maricopa County
  • Arizona Council of Centers for Children and Adolescents
  • Arizona Youth Football Federation, Inc.
  • Sun City Taxpayers Association
  • Town of Snowflake
  • Arizona Fraternal Order of Police Legislative Committee
  • Arizona Cotton Growers Association
  • Town of Pinetop-Lakeside
  • Arizona Association of 4 Wheel Drive Clubs
  • Grand Canyon State Electric Cooperative Association, Inc.

Arguments in favor of the amendment included:[1]

  • Damages awarded from lawsuits can be carried over to the consumer with higher prices or result in bankruptcy of the organization.
  • Juries would may no longer have to consider the defense of "contributory negligence" or "assumption of risk."

Opposition

Those opposing the amendment included:

  • Arizona for Pay at Pump, A Far Better Alternative
  • Frank X. Gordon, Jr, Former Chief Justice, Arizona Supreme Court
  • MADD - Pima County
  • Citizens Against No-Fault
  • Arizona Head Injury Foundation
  • Fairness and Accountability in Insurance Reform

Arguments against the amendment included:[1]

  • The amendment would allow the state legislature pass laws that could limit or eliminate a person's right to receive compensation for injuries or death.
  • The amendment would limit which trials would be overseen by a jury in personal injury claims.

See also

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External links

References

  1. 1.0 1.1 1.2 1.3 1.4 1.5 State of Arizona 1994 ballot propositions guide
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.