63G-7-604 - Limitation of judgments against governmental entity or employee -- Process for adjustment of limits.
63G-7-604. Limitation of judgments against governmental entity or employee --Process for adjustment of limits.
(1) (a) Except as provided in Subsection (2) and subject to Subsection (3), if a judgmentfor damages for personal injury against a governmental entity, or an employee whom agovernmental entity has a duty to indemnify, exceeds $583,900 for one person in any oneoccurrence, the court shall reduce the judgment to that amount.
(b) A court may not award judgment of more than the amount in effect under Subsection(1)(a) for injury or death to one person regardless of whether or not the function giving rise to theinjury is characterized as governmental.
(c) Except as provided in Subsection (2) and subject to Subsection (3), if a judgment forproperty damage against a governmental entity, or an employee whom a governmental entity hasa duty to indemnify, exceeds $233,600 in any one occurrence, the court shall reduce the judgmentto that amount, regardless of whether or not the function giving rise to the damage ischaracterized as governmental.
(d) Subject to Subsection (3), there is a $2,000,000 limit to the aggregate amount ofindividual awards that may be awarded in relation to a single occurrence.
(2) The damage limits established in this section do not apply to damages awarded ascompensation when a governmental entity has taken or damaged private property for public usewithout just compensation.
(3) The limitations of judgments established in Subsection (1) shall be adjustedaccording to the methodology set forth in Subsection (4).
(4) (a) Each even-numbered year, the risk manager shall:
(i) calculate the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), InternalRevenue Code;
(ii) calculate the increase or decrease in the limitation of judgment amounts establishedin this section as a percentage equal to the percentage change in the Consumer Price Index sincethe previous adjustment made by the risk manager or the Legislature; and
(iii) after making an increase or decrease under Subsection (4)(a)(ii), round up thelimitation of judgment amounts established in Subsection (1) to the nearest $100.
(b) Each even-numbered year, the risk manager shall make rules, which become effectiveno later than July 1, that establish the new limitation of judgment amounts calculated underSubsection (4)(a).
(c) Adjustments made by the risk manager to the limitation of judgment amountsestablished by this section have prospective effect only from the date the rules establishing thenew limitation of judgment take effect and those adjusted limitations of judgment apply only toclaims for injuries or losses that occur after the effective date of the rules that establish those newlimitations of judgment.
Renumbered and Amended by Chapter 382, 2008 General Session