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18-1A-214
money personally to the defendant, or to the legal representative of the defendant, taking
a receipt therefor and filing a copy with the court; or by depositing the amount of the award
with the probate court for the defendant. By making a deposit under this section the plaintiff
does not waive its right to review. (c) Within 30 days after a deposit of the award under
subsection (b), the court shall give written notice by first class mail to each defendant
whose address is known and for whom a disclaimer is not on file and who has not received personal
payment in full. (d) Before final distribution of the condemnation award, the tax collector
shall file a disclaimer or an itemized statement of any taxes claimed to be due which shall
be deducted from the award and paid to the tax collector before distribution to the owners,
unless the taxes claimed are disputed, in which event, all taxes disputed must be promptly
determined by the circuit court. (Acts 1985, No. 85-548, p. 802, §1205.)...
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18-1A-213
Section 18-1A-213 Performance of work to reduce amount of award. (a) If the probate court finds
that the plaintiff and defendant have entered into a written agreement under which the plaintiff
has completed, or has undertaken to perform, described work, or if a pretrial order required
the performance of work by the plaintiff, the court may include in the judgment a determination
that the plaintiff has satisfied, or may satisfy, the judgment in whole or in part by performing
the work as described. (b) The provisions included in the judgment under subsection (a) shall
describe or incorporate the terms and conditions of the agreement or pretrial order, and to
the extent the agreement or order fails to provide therefor shall include requirements relating
to: (1) The location and nature of the work and the time for its commencement and completion;
and (2) The amount of compensation awarded which is or will be satisfied by performance of
the work by the plaintiff, rather than by payment in...
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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all actions for medical liability, any advance
payment made by the defendant or his insurer to or for the plaintiff, or any other person,
may not be construed as an admission of liability for injuries or damages suffered by the
plaintiff or anyone else. Evidence of such advance payment is not admissible until there is
a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment
to the plaintiff to the extent of advance payment. The advance payment shall inure to the
exclusive credit of the defendant or his insurer making the payment. In the event the advance
payment exceeds the liability of the defendant or the insurer making it, the court shall order
any adjustment necessary to equalize the amount which each defendant is obligated to pay,
exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-576
Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all legal service liability actions, any
advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of costs. (b) In no case shall an advance payment in excess...
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6-5-486
Section 6-5-486 Optional method of payment of judgments in excess of $100,000. Where a plaintiff
recovers a judgment from a physician, dentist, or medical institution, as defined in Section
6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the
court, in its discretion, may order that: (1) There shall be deducted from the award, and
paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as
his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff in monthly
installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the
plaintiff should die before payment of all of said award, the same income shall be paid to
the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant
file a surety bond with the court in an amount equal to the award remaining after the expenses
referred to in subdivision (1) of this section have been deducted. (Acts...
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18-1A-215
Section 18-1A-215 Effect of failure to pay judgment. (a) If the plaintiff fails to make full
payment of the judgment, or of the full amount awarded for any separate item or parcel of
property described therein, within the time allowed under Section 18-1A-214, the defendant
may treat the failure to make payment as an abandonment of the condemnation action with respect
to the property for which payment has not been made, and may move to vacate the judgment and
for a dismissal under Section 18-1A-230. (b) In determining questions arising under subsection
(a), the circuit court may make appropriate orders to adjust the rights of the parties, including
orders with respect to the possession and use of the property and the performance of any work
thereon, and may award damages, interest, and costs to the defendant as justice requires.
(Acts 1985, No. 85-548, p. 802, §1206.)...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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