SF 7

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil liability; raising the tort 
  1.3             liability limits for claims against the metropolitan 
  1.4             council for certain metro transit matters; amending 
  1.5             Minnesota Statutes 1994, section 466.04, subdivisions 
  1.6             1 and 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 466.04, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] (a) Liability 
  1.11  of any municipality on any claim within the scope of sections 
  1.12  466.01 to 466.15 shall not exceed:  
  1.13     (1) $200,000 when the claim is one for death by wrongful 
  1.14  act or omission and $200,000 to any claimant in any other case; 
  1.15     (2) $600,000 for any number of claims arising out of a 
  1.16  single occurrence; or 
  1.17     (3) twice the limits provided in clauses (1) and (2) when 
  1.18  the claim arises out of the release or threatened release of a 
  1.19  hazardous substance, whether the claim is brought under sections 
  1.20  115B.01 to 115B.15 or under any other law; or 
  1.21     (4) two and one-half times the limits provided in clauses 
  1.22  (1) and (2) when the claim is against the metropolitan council 
  1.23  in regard to the exercise of powers and duties prescribed by 
  1.24  sections 473.405 to 473.449. 
  1.25     (b) No award for damages on any such claim shall include 
  1.26  punitive damages. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 466.04, 
  2.2   subdivision 3, is amended to read: 
  2.3      Subd. 3.  [DISPOSITION OF MULTIPLE CLAIMS.] Where the 
  2.4   amount awarded to or settled upon multiple claimants exceeds 
  2.5   $600,000 the limit under subdivision 1, any party may apply to 
  2.6   any district court to apportion to each claimant a proper share 
  2.7   of the total amount limited by subdivision 1.  The share 
  2.8   apportioned each claimant shall be in the proportion that the 
  2.9   ratio of the award or settlement made to each bears to the 
  2.10  aggregate awards and settlements for all claims arising out of 
  2.11  the occurrence. 
  2.12     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.13     This act is effective August 1, 1995, and applies to causes 
  2.14  of action arising on or after that date.