HCS HB 121 -- TORT LIABILITY AND IMMUNITY

SPONSOR:  Yates (Nance)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Insurance
Policy by a vote of 10 to 1.

This substitute limits the liability for any claim against the
state or its public entities and employees involving a motor
vehicle operated within the scope of employment or for a claim
arising out of any dangerous condition of property the officer or
employee allegedly caused.  The maximum liability for all claims
against entities or employees will be $2 million; the liability
for any one person is limited to $300,000.  The maximum award for
any claim brought against an officer or employee of the state
arising out of the same accident will be reduced by any amount
paid toward the claim by the state, its public entities, any
officers or employees, or any person acting on their behalf.

The definition of "public entity" as it relates to the laws
regarding sovereign immunity is revised to include not-for-profit
organizations providing ambulance services under the authority of
a municipality.  These organizations will be entitled to
sovereign or governmental tort immunity.

FISCAL NOTE:  Estimated Income on General Revenue Fund of More
than $100,000 in FY 2008, FY 2009, and FY 2010.  Estimated Income
on Other State Funds of More than $100,000 in FY 2008, FY 2009,
and FY 2010.

PROPONENTS:  Supporters say that the bill restores common sense
to torts and actions for damages.  This is a very important issue
for public entities and will help them recruit quality personnel
without worrying about being sued individually as a result of
their employment by the public entity.

Testifying for the bill were Representative Nance; Robert
Ostgulen, Meadowbrook Insurance Group; Missouri Insurance
Coalition; Missouri Municipal League; Metropolitan Ambulance
Services Trust; Missouri Hospital Association; and St. Louis
County Municipal League.

OPPONENTS:  Those who oppose the bill say that it will expand the
issue of sovereign immunity too far and is not fair.  If a person
is found to be immune, the public entity which employs him or her
will be automatically found immune.

Testifying against the bill was Missouri Association of Trial
Attorneys.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am