Utah Code 63G-7-604. Limitation of judgments against governmental entity or employee — Process for adjustment of limits
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Terms Used In Utah Code 63G-7-604
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: includes :(3)(a)(i) a governmental entity's officers, employees, servants, trustees, or commissioners;(3)(a)(ii) a member of a governing body;(3)(a)(iii) a member of a government entity board;(3)(a)(iv) a member of a government entity commission;(3)(a)(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;(3)(a)(vi) a student holding a license issued by the State Board of Education;(3)(a)(vii) an educational aide;(3)(a)(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;(3)(a)(ix) a volunteer, as defined in Section 67-20-2; and(3)(a)(x) a tutor. See Utah Code 63G-7-102
- Governmental entity: means :
(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102- Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102
(1)(a) Except as provided in Subsection (2) and subject to Subsection (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 $583,900 for one person in any one occurrence, the court shall reduce the judgment to that amount.(1)(b) A court may not award judgment of more than the amount in effect under Subsection (1)(a) for injury or death to one person regardless of whether or not the function giving rise to the injury is characterized as governmental.(1)(c) Except as provided in Subsection (2) and subject to Subsection (3), if a judgment for property damage against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $233,600 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.(1)(d) Subject to Subsection (3), there is a $3,000,000 limit to the aggregate amount of individual awards that may be awarded in relation to a single occurrence.(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 Section 63G-7-605. - Governmental entity: means :