2006 Utah Code - 63-30d-604 (Superseded 07/01/07) — Limitation of judgments against governmental entity or employee -- Process for adjustment of limits.

     63-30d-604 (Superseded 07/01/07).   Limitation of judgments against governmental entity or employee -- Process for adjustment of limits.
     (1) (a) Except as provided in Subsections (2) and (3), if a judgment for damages for personal injury against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $553,500 for one person in any one occurrence, or $1,107,000 for two or more persons in any one occurrence, the court shall reduce the judgment to that amount.
     (b) A court may not award judgment of more than $553,500 for injury or death to one person regardless of whether or not the function giving rise to the injury is characterized as governmental.
     (c) Except as provided in Subsection (2), if a judgment for property damage against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $221,400 in any one occurrence, the court shall reduce the judgment to that amount, regardless of whether or not the function giving rise to the damage is characterized as governmental.
     (2) The damage limits established in this section do not apply to damages awarded as compensation when a governmental entity has taken or damaged private property for public use without just compensation.
     (3) The limitations of judgments established in Subsection (1) shall be adjusted according to the methodology set forth in Subsection (4).
     (4) (a) Each year, the risk manager shall:
     (i) calculate the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code;
     (ii) calculate the increase or decrease in the limitation of judgment amounts established in this section as a percentage equal to the percentage difference between the consumer price index for the preceding calendar year and the consumer price index for calendar year 2003; and
     (iii) after making an increase or decrease under Subsection (4)(a)(ii), round up the limitation of judgment amounts established in Subsection (1) to the nearest $100.
     (b) Each even-numbered year after 2004, the risk manager shall make rules, which become effective no later than July 1, that establish the new limitation of judgment amounts.
     (c) Adjustments made by the risk manager to the limitation of judgment amounts established by this section have prospective effect only from the date the rules establishing the new limitation of judgment take effect and those adjusted limitations of judgment apply only to claims for injuries or losses that occur after the effective date of the rules that establish those new limitations of judgment.

Enacted by Chapter 267, 2004 General Session