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1997 SESSION

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SB 789 Virginia Tort Claims Act.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles

SUMMARY:

Virginia Tort Claims Act. Includes counties, cities and towns and school boards under the provisions of the Act and thereby statutorily abolishes sovereign immunity for counties, cities and towns and school boards. Includes school board within the definition of "locality". The limitation on claims against the Commonwealth, which is currently $100,000, is abolished. A locality's liability for claims for simple negligence would be limited to claims for property loss or damage or personal injury or death up to $100,000. If a claim against a locality exceeds $100,000, the Commonwealth would be liable for the amount above the $100,000 cap. The jurisdiction of claims for $10,000 or less would be in the general district court and would be in the circuit court when the claim exceeds $10,000, with the right to a jury trial. Service of process for claims against a locality not exceeding $100,000 would be on the attorney for the locality and on both the attorney for the locality and the Attorney General for claims exceeding $100,000. Authority to settle claims not exceeding $100,000 against the locality is given to the attorney for the locality, provided the governing approves the written settlement. For claims exceeding $100,000, the attorney for the locality, subject to the approval of the Attorney General, is authorized to settle the claim. Notice of a claim of injury is abolished. Currently, the notice must be given within one year after the cause of action accrues, and the claim must be filed within that one-year period or it shall be barred. The statute of limitations to file suit is changed to two years after the cause of action accrues, the same as the limitation placed on suits for personal injury. The liability of the locality for the claim is conditioned upon the execution of a release by the claimant. Persons representing localities are added to the group which is charged with the duty of developing and maintaining a program for evaluating and settling claims. Finally, a locality being sued for an act arising out of a student discipline matter, is given an immunity defense that the teacher or administrator acted in good faith and reasonably under the circumstances.


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