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 $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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.