ASSEMBLY, No. 1213

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AUGUSTINE

An Act concerning civil actions against public entities and public employees and amending N.J.S.59:9-2.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S 59:9-2 is amended to read as follows:

    59:9-2. Interest and limitations on judgments.

    a. No interest shall accrue prior to the entry of judgment against a public entity or public employee.

    b. No judgment shall be granted against a public entity or public employee on the basis of strict liability, implied warranty or products liability.

    c. No punitive or exemplary damages shall be awarded against a public entity.

    d. No damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $1,000.00. For purposes of this section medical treatment expenses are defined as the reasonable value of services rendered for necessary surgical, medical and dental treatment of the claimant for such injury, sickness or disease, including prosthetic devices and ambulance, hospital or professional nursing service.

    e. If a claimant receives or is entitled to receive benefits for the injuries allegedly incurred from a policy or policies of insurance or any other source other than a joint tortfeasor, such benefits shall be disclosed to the court and the amount thereof which duplicates any benefit contained in the award shall be deducted from any award against a public entity or public employee recovered by such claimant; provided, however, that nothing in this provision shall be construed to limit the rights of a beneficiary under a life insurance policy. No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee.

    f. (1) No judgment against one or more public entities or public employees shall be entered, either jointly or severally, in favor of a single claimant for a single occurrence for a total amount greater than five million dollars, including attorney's fees.

    (2) For purposes of this section:

    (a) "Occurrence" means an event or accident or series of events or accidents that are closely connected in time and location or in their causation or happening or that arise from the same act or omission or a series of related acts or omissions;

    (b) "Single claimant" means the injured party and any person who asserts a claim, derivative or otherwise, including but not limited to parents, spouses or anyone who sustained a loss or asserts a claim as a consequence of the injury or death of or damage to the property of 1he person involved in the occurrence.

    (3) If a judgment is entered against one or more public entities or public employees which exceeds the limits set forth in subsection f. of this section, the judgment shall be reduced to the appropriate limits.

(cf: N.J.S.59:9-2)

    2. This act shall take effect immediately and shall apply to all actions against public entities and public employees filed on or after that date.

STATEMENT

    This bill would amend the N.J. Tort Claims Act and establish a "cap" of five million dollars on civil judgements against public entities and public employees.

Establishes "cap" on civil judgements against public entities and public employees.