Bill Text: NJ A3600 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes limit on non-economic damages under the "New Jersey Tort Claims Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-09 - Introduced, Referred to Assembly Judiciary Committee [A3600 Detail]
Download: New_Jersey-2010-A3600-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Establishes limit on non-economic damages under the "New Jersey Tort Claims Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil actions against public entities 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. 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] non-economic loss resulting from any injury; provided, however, that this limitation on the recovery of damages for [pain and suffering] non-economic loss 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 $3,600.00. 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 damages shall be awarded against a public entity or public employee for non‑economic loss in an amount greater than $500,000.
(2) For purposes of this section, "non‑economic loss" means any loss which has been or will be incurred by the claimant including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, or assistance; and any other intangible loss.
(cf: P.L. 2000, c.126, s.32)
2. This act shall take effect immediately.
STATEMENT
This bill amends the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to limit on non-economic damages in actions concerning public entities and public employees.
Under the bill, no damages would be awarded against a public entity or public employee for non‑economic loss in an amount greater than $500,000. "Non‑economic loss" is defined in the bill as any loss which has been or will be incurred by the claimant including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, or assistance; and any other intangible loss.
