W. Cropp, at the request of the Mayor
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Linda W. Cropp, at the request of the Mayor, introduced the
following bill, which was referred to the Committee on the Judiciary.
To place certain limits on the liability of the District of Columbia
government for damages based on the tortious actions and omissions of
District government employees who act within the scope of their
employment.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "District of Columbia Governmental Immunity
Reform Act of 2001".
Sec. 2. Definitions.
As used in this act, the term
(1) "Employee" means an officer or employee of the government
of the District of Columbia, or a person acting on behalf of the District
government in an official capacity, whether with or without compensation.
It shall include a former employee sued for actions arising out of his or
her employment with the District government. It shall not include an
inmate performing work as part of a correctional program. Nor shall it
include a person performing services for the District government as a
contractor, except that it shall include a health care practitioner who is
performing services for the District government under an individual
contract if:
(A) A contracting officer has determined that the practitioner’s
contract services are justifiable under applicable laws and regulations;(B) The practitioner serves under the general direction and
supervision of a District government employee;(C) The practitioner works in space and with equipment provided by the
District government;(D) The practitioner is engaged solely in carrying out duties and
responsibilities to the District government at the time of the
occurrence that gives rise to the claim or lawsuit in question;(E) The practitioner is not otherwise covered by liability insurance;
and(F) The practitioner cooperates fully in the defense of the claim or
lawsuit, and gives the District government full authority, in its
discretion, to settle or litigate the claim or lawsuit.
(2) "Health care practitioner" means a physician, dentist,
optometrist, podiatrist, nurse, nurse’s assistant, emergency medical
technician, emergency medical technician/intermediate paramedic, emergency
medical technician/paramedic, physician’s assistant, laboratory
technician, physical therapist, osteopath, chiropodist, chiropractor,
psychologist, social worker, and any other clinic staff member working in
a health care facility of the District government.
(3) "Tort claim" means any claim for money damages, except a
contract claim, arising out of the death or injury of any person, damage
to or loss of property, or any other loss that a person may suffer that
would be actionable if caused by a private person.
Sec. 3. Liability of the District government.
(a) Except as otherwise provided in this act, the District government
shall be liable for injury or loss of property, or personal injury or
death caused by the negligent or wrongful act or omission of any employee
while acting within the scope of his or her employment in the same manner
and to the same extent as under prior law.
(b) Costs may be allowed in all courts to the successful litigant of a
tort claim against the District government, except that the District
government shall not be liable for interest prior to judgment, for
punitive damages, or for attorney’s fees.
Sec. 4. Limitation on award of damages.
(a) Except for reasonable and necessary medical expenses, an award or
awards of damages based on a tort claim or tort claims that arise from the
same transaction or occurrence shall not exceed $250,000 in favor of any 1
plaintiff or $1,000,000 in the aggregate in favor of all actual or
potential plaintiffs.
(b) For purposes of subsection (a) of this section, all persons
claiming damages as a direct or indirect result of the death of, the
injury or injuries to, the damage to or loss of the property of, or any
other loss to 1 other person shall be considered as 1 plaintiff.
(c) The amount of reasonable and necessary medical expenses for any
tort claim against the District government shall be supported in evidence
by expert medical testimony.
(d) By rulemaking, the Mayor may adjust the $250,000 and $1,000,000
limitations of subsection (a) of this section on the basis of changes in
the Consumer Price Index, provided that the limitations shall not be less
than $250,000 and $1,000,000, respectively.
Sec. 5. Claims covered by collateral benefits.
(a) When an award of damages to a plaintiff based on a tort claim
against the District government includes a component for reasonable and
necessary medical expenses, the court shall reduce that component by any
amount paid on behalf of the plaintiff, or reimbursable to the plaintiff,
as a benefit under a policy or plan of accidental or disability insurance,
or under a policy or plan that covers medical, hospital, dental, or other
health care services.
(b) No source of any collateral benefits deducted pursuant to
subsection (a) of this section shall recover any amount against the
plaintiff out of the award of damages to the plaintiff. Nor shall such a
source be subrogated to the rights of the plaintiff against the District
government.
Sec. 6. Applicability.
This act shall apply to all tort claims against the District
government, except tort claims that have been reduced to judgment before
the effective date of this act.
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report
as the fiscal impact statement required by section 602(c)(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
813; D.C. Code § 1-233(c)(3)).
Sec. 8. Effective date.
This act shall take effect following approval by the Mayor (or in the
event of veto by the Mayor, action by the Council to override the veto),
approval by the District of Columbia Financial Responsibility and
Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §
47-392.3(a)), a 30-day period of Congressional review as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and
publication in the District of Columbia Register.