S T A T E O F N E W Y O R K
________________________________________________________________________
1183
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to damages
for non-economic loss in personal injury actions against public enti-
ties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 105 of the civil practice law and rules is amended
by adding a new subdivision (r-1) to read as follows:
(R-1) PUBLIC ENTITY. THE TERM "PUBLIC ENTITY" MEANS THE STATE, A COUN-
TY, CITY, TOWN, OR VILLAGE, A PUBLIC UNIVERSITY, BOARD OF EDUCATION,
COMMUNITY SCHOOL BOARD, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
SCHOOL DISTRICT, A FIRE DISTRICT, VOLUNTEER FIRE DEPARTMENT OR FIRE
COMPANY, A PUBLIC HOSPITAL, CLINIC, HEALTH CENTER, OR HOSPITALS CORPO-
RATION, A PUBLIC AUTHORITY, A PUBLIC BENEFIT CORPORATION, OR ANY OFFI-
CER, AGENT OR EMPLOYEE OF A PUBLIC ENTITY.
S 2. The civil practice law and rules is amended by adding a new arti-
cle 17 to read as follows:
ARTICLE 17
LIABILITY OF PUBLIC ENTITIES
SECTION 1700. DEFINITIONS.
1701. LIMITED LIABILITY OF PUBLIC ENTITIES.
S 1700. DEFINITIONS. AS USED IN THIS ARTICLE THE TERM "NON-ECONOMIC
LOSS" INCLUDES BUT IS NOT LIMITED TO PAIN AND SUFFERING, MENTAL ANGUISH,
LOSS OF CONSORTIUM OR OTHER DAMAGES FOR NON-ECONOMIC LOSS.
S 1701. LIMITED LIABILITY OF PUBLIC ENTITIES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, IN ANY ACTION AGAINST A PUBLIC ENTITY FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01762-01-9
A. 1183 2
PERSONAL INJURY, INCLUDING INJURY RESULTING IN DEATH, EXCEPT AN ACTION
BASED UPON AN INTENTIONAL TORT, THE FOLLOWING LIMITATIONS SHALL APPLY:
1. THERE SHALL BE NO RIGHT TO RECOVER DAMAGES FOR NON-ECONOMIC LOSS
FOR ANY INJURY, EXCEPT AN INJURY RESULTING IN DEATH, PERMANENT LOSS OF A
BODILY FUNCTION, DISMEMBERMENT OR SIGNIFICANT DISFIGUREMENT, UNLESS THE
FAIR AND REASONABLE VALUE OF ALL MEDICAL SERVICES THAT WERE, OR WITH
REASONABLE CERTAINLY WILL BE, RENDERED IN TREATMENT OF AND ATTRIBUTABLE
TO SUCH INJURY EQUALS OR EXCEEDS THE SUM OF FIVE THOUSAND DOLLARS,
WHETHER OR NOT SUCH SUM WAS OR WILL BE PAID BY THE INJURED PERSON.
2. THERE SHALL BE NO RIGHT TO RECOVER DAMAGES FOR NON-ECONOMIC LOSS IN
EXCESS OF TWO HUNDRED FIFTY THOUSAND DOLLARS.
3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CLAIMS BROUGHT AGAINST A PUBLIC ENTITY
BY OR ON BEHALF OF THE INJURED PERSON OR DECEDENT, ALL DERIVATIVE CLAIMS
BY THE SPOUSE OR OTHER FAMILY MEMBERS OF SUCH INJURED PERSON OR DECEDENT
AND ALL CLAIMS FOR CONTRIBUTION OR COMMON-LAW INDEMNIFICATION, WHETHER
BROUGHT IN THE SAME, OR ANOTHER, ACTION; PROVIDED, HOWEVER, THAT THE
TOTAL AMOUNT OF DAMAGES FOR NON-ECONOMIC LOSS THAT MAY BE RECOVERED BY
ALL SUCH CLAIMANTS, WHEN ADDED TOGETHER, SHALL NOT EXCEED THE LIMITATION
SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
S 3. This act shall take effect immediately and shall apply to all
actions and proceedings pending on or commenced on or after such effec-
tive date.