HB 2364 -- Liability of Public Entities, Agents, Officers, and
Employees

Sponsor:  Villa

Currently, the State Legal Expense Fund is liable for all
economic damages to any one claimant and up to $350,000 for
non-economic damages in satisfaction of any judgment against a
state officer or employee for claims arising from the operation
of a motor vehicle or from a negligent or wrongful act or
omission causing a dangerous condition of property.  This bill
limits the amount a plaintiff can recover in tort actions against
either the state or its agents, officers, or employees for these
claims to $2 million for all claims arising out of a single
accident or occurrence and $300,000 for any one person in a
single accident or occurrence.  The maximum allowable recovery
will be reduced by any amount paid toward the claim by the state;
its entities, officers, agents, or employees; or anyone acting on
their behalf.

Currently, the state waives immunity for liability for claims
arising from the operation of a motor vehicle up to the maximum
allowable recovery provided for in Missouri law.  The bill
specifies that if the operator of the motor vehicle owned or
operated on behalf of the state is immune from liability, the
state or its public entities will also be immune from liability.

The provisions allowing a plaintiff in a negligence action
against the Department of Transportation to request arbitration
by a panel of three arbiters instead of a trial are repealed.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm