HOUSE BILL 799

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO TORTS; AMENDING THE TORT CLAIMS ACT; CLARIFYING PERMISSIBLE DAMAGE AWARDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 41-4-1 NMSA 1978 (being Laws 1976, Chapter 58, Section 1, as amended) is amended to read:

     "41-4-1. SHORT TITLE.--[Sections 41-4-1 through 41-4-27] Chapter 41, Article 4 NMSA 1978 may be cited as the "Tort Claims Act"."

     Section 2. Section 41-4-12 NMSA 1978 (being Laws 1976, Chapter 58, Section 12, as amended) is amended to read:

     "41-4-12. LIABILITY--[LAW ENFORCEMENT OFFICERS] PUBLIC EMPLOYEES.--The immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by [law enforcement officers] public employees while acting within the scope of their duties."

     Section 3. Section 41-4-19 NMSA 1978 (being Laws 1976, Chapter 58, Section 17, as amended) is amended to read:

     "41-4-19. MAXIMUM LIABILITY.--

          A. Unless limited by Subsection B of this section, in any action for damages against a governmental entity or a public employee while acting within the scope of the employee's duties as provided in the Tort Claims Act, the liability shall not exceed:

                (1) the sum of two hundred thousand dollars ($200,000) for each legally described real property for damage to or destruction of that legally described real property arising out of a single occurrence;

                (2) the sum of three hundred thousand dollars ($300,000) for all past and future medical and medically related expenses arising out of a single occurrence; and

                (3) the sum of four hundred thousand dollars ($400,000) to any person for any number of claims arising out of a single occurrence for all damages other than real property damage and medical and medically related expenses as permitted under the Tort Claims Act.

          B. The total liability for all claims pursuant to Paragraphs (1) and (3) of Subsection A of this section that arise out of a single occurrence shall not exceed seven hundred fifty thousand dollars ($750,000).

          C. Interest shall be allowed on judgments against a governmental entity or public employee for a tort for which immunity has been waived under the Tort Claims Act at a rate equal to two percentage points above the prime rate as published in the Wall Street Journal on the date of the entry of the judgment. Interest shall be computed daily from the date of the entry of the judgment until the date of payment.

          D. Except in cases brought pursuant to the constitution of the United States or pursuant to the constitution of New Mexico, no judgment against a governmental entity or public employee for any tort for which immunity has been waived under the Tort Claims Act shall include an award for exemplary or punitive damages or for interest prior to judgment. In cases brought pursuant to the constitution of the United States or pursuant to the constitution of New Mexico, a prevailing plaintiff may be awarded attorney fees, expenses, costs, exemplary or punitive damages and prejudgment interest, and the state shall be liable the same as a private person."