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SB13-023: Increase Damages Caps Under CGIA

Bill Number: SB13-023
Year: 2013
ACLU Position: Support
Sponsors: Cadman/Morse

Description:

Currently, the "Colorado Governmental Immunity Act" (act) sets as a maximum amount that may be recovered by a person suing a public entity or public employee for loss or injury caused by the entity or employee in any single occurrence, whether from one or more public entities and public employees:

  • For any injury to one person in any single occurrence, thesum of $150,000; and
  • For an injury to 2 or more persons in any single occurrence,the sum of $600,000, and, in such circumstances, the act prohibits any single person from recovering in excess of $150,000.

To ensure these limitations on damages reflect the effects of inflation since the specific limitations were last increased by the general assembly, the bill increases the damages limitation for any injury to one person in any single occurrence to $478,000. For an injury to 2 or more persons in any single occurrence, the bill increases the damages limitation to $990,000 and further specifies that, in such circumstances, a single person is precluded from recovering in excess of $478,000.

The bill further provides that the increased damages amounts are:

  • Exclusive of interest awarded; and
  • Adjusted for inflation every 4 years. The bill requires theattorney general to make this required adjustment on an every 4-year basis commencing January 1, 2018, to certify the amount of the adjustment, and to publish the amount of the adjustment on the attorney general's web site.

Current Status:

03/25/2013 - House Third Reading Passed
04/02/2013 - Signed by the President of the Senate
03/19/2013 - House Second Reading Laid Over Daily
04/10/2013 - Signed by the Speaker of the House
03/11/2013 - Senate Third Reading Passed
04/19/2013 - Governor Action - Signed
01/09/2013 - Introduced In Senate - Assigned to Judiciary



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