Bill Text: CA AB965 | 2017-2018 | Regular Session | Amended
Bill Title: Department of Transportation: civil liability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2017-04-20 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB965 Detail]
April 17, 2017|
|Assembly Bill||No. 965|
|Introduced by Assembly Member Kiley|
February 16, 2017
LEGISLATIVE COUNSEL'S DIGEST
(1) Existing Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person. This bill would provide that, in an action for injury against the department, the amount of damages for noneconomic losses shall not exceed $250,000 per individual or $500,000 per occurrence. (2) Existing
Digest KeyVote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
The people of the State of California do enact as follows:
SECTION 1.Section 92.1 is added to the Streets and Highways Code, to read:
(a)Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. (b)
92.1.(a) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the department’s percentage of fault, and a separate judgment shall be rendered against the department for that amount.