Salaried Employee Rules Arkansas

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					                  AGRiP QUICK REFERENCE STATE-BY-STATE TORT HIGHLIGHTS MATRIX
                For more detail on each state, consult The AGRiP Public Entity Tort Statutes and Case Law Review
                        See Notes for additional comments on each state by clicking on state abbreviation
                                                                       Governmental      Liability Standard, i.e.,
                                                Tort Cap Per      Immunity (No - Yes)         comparative          Proposed
         State As Of Tort Cap Per Claimant
                                                Occurrence          If "Yes" See Notes     negligence, joint &     legislation
                                                                      For Exceptions      several liability, etc.
                                                                                               Contributory
                                                                                          Negligence; Joint and
          AL   5/1/09        $100,000             $300,000                      Yes          Several Liability         No
                                                                                              Comparative
                          $ 400,000 (non-                                                  Negligence; Several
          AK   5/1/09   economic damages)          No Cap                       Yes               Liability            No
                                                                                              Comparative
                                                                                           Negligence; Several
          AZ   5/1/09         No Cap               No Cap                       Yes               Liability            No

                                                                                         Modified Comparative
                                                                                         Negligence; Modified
                                                                                          Joint and Several
          AR   5/1/09         No Cap               No Cap                       Yes             Liability          See Notes
                                                                                            Comparative
                                                                                         Negligence: Modified
                                                                                          Joint and Several
          CA   5/1/09         No Cap               No Cap                       Yes             Liability          See Notes

                                                                                         Modified Comparative
                                                                                         Negligence; Modified
                                                                                          Joint and Several
          CO   5/1/09        $150,000             $600,000                      Yes             Liability          See Notes

                                                                                         Modified Comparative
                                                                                         Negligence; Several
          CT   5/1/09         No Cap               No Cap                       Yes             Liability             No
                                                                                             Contributory
                                                                                         Negligence; Joint and
         D.C. 5/1/09          No Cap               No Cap             No                   Several Liability          No

                                                                                         Modified Comparative
                                                                                         Negligence; Joint and
          DE   5/1/09         No Cap              $300,000                      Yes        Several Liability          No
                                                                                             Comparative
                                                                                         Negligence; Several
          FL   5/1/09        $100,000             $200,000            No                        Liability          See Notes

                                                                                         Modified Comparative
                                                                                         Negligence; Several
          GA   5/1/09       $1,000,000           $3,000,000                     Yes             Liability          See Notes

                                                                                         Modified Comparative
                                                                                         Negligence; Modified
                          $ 375,000 (non-                                                 Joint and Several
          HA   5/1/09   economic damages)          No Cap             No                        Liability          See Notes

                                                                                         Modified Comparative
                         $ 293,155.53 (2008)                                             Negligence; Modified
                           (non-economic                                                  Joint and Several
          ID   5/1/09   damages) (see notes)      $500,000                      Yes             Liability             No
                                                                                         Modified Comparative
                                                                                         Negligence; Modified
                                                                                          Joint and Several
          IL   5/1/09         No Cap               No Cap                       Yes             Liability          See Notes

                       $ 300,000 on or before
                      12/31/05;
                         $ 500,000 between
                      1/1/06 and 12/31/07;                                               Modified Comparative
                           $ 700,000 on and                                              Negligence; Several
          IN   5/1/09        after 1/1/08        $5,000,000                     Yes             Liability             No

                                                                                         Modified Comparative
                                                                                         Negligence; Modified
                                                                                          Joint and Several
          IA   5/1/09         No Cap               No Cap             No                        Liability             No



0509PumfordStateTortCapsMatrixForWebsite
                          See Notes for additional comments on each state by clicking on state abbreviation
                                                                          Governmental      Liability Standard, i.e.,
                                                    Tort Cap Per     Immunity (No - Yes)         comparative          Proposed
         State As Of Tort Cap Per Claimant
                                                    Occurrence         If "Yes" See Notes     negligence, joint &     legislation
                                                                         For Exceptions      several liability, etc.

                                                                                            Modified Comparative
                                                                                            Negligence; Several
          KS   5/1/09          No Cap                 $500,000                     Yes             Liability          See Notes
                                                                                               Comparative
                                                                                            Negligence; Several
          KY   5/1/09         $200,000                $350,000                     Yes             Liability          See Notes
                                                                                               Comparative
                                                                                            Negligence; Modified
                                                   $500,000 (non-                            Joint and Several
          LA   5/1/09          No Cap            economic damages)      No                         Liability             No

                                                                                            Modified Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          ME   5/1/09          No Cap                 $400,000                     Yes             Liability          See Notes
                                                                                                Contributory
                                                                                            Negligence; Joint and
          MD   5/1/09         $200,000                $500,000                     Yes        Several Liability       See Notes

                                                                                            Modified Comparative
                                                                                            Negligence; Joint and
          MA   5/1/09         $100,000                 No Cap                      Yes        Several Liability       See Notes

                                                                                            Modified Comparative
                                                                                            Negligence; Several
          MI   5/1/09          No Cap                  No Cap                      Yes             Liability          See Notes

                                                                                            Modified Comparative
                                                $ 1,200,000 /                               Negligence; Modified
                        $ 400,000 / $ 500,000   $ 1,500,000                                  Joint and Several
          MN   5/1/09       (See Notes)               (See Notes)       No                         Liability          See Notes
                                                                                               Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          MS   5/1/09          No Cap                 $500,000                     Yes             Liability             No
                                                                                               Comparative
                                                                                            Negligence; Modified
                        $ 300,000               $2,000,000                                   Joint and Several
         MO    5/1/09        (See Notes)             (See Notes)                   Yes             Liability             No
                                                                                             Modified Comparative
                                                                                             Negligence; Modified
                                                                                              Joint and Several
          MT   5/1/09         $750,000               $1,500,000         No                          Liability         See Notes

                                                                                            Modified Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          NE   5/1/09        $1,000,000              $5,000,000                    Yes             Liability          See Notes

                                                                                            Modified Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          NV   5/1/09         $75,000                  No Cap                      Yes             Liability          See Notes

                                                                                            Modified Comparative
                                                $ 925,000 /                                 Negligence; Modified
                        $ 275,000 / $ 475,000     $ 3,750,000                                Joint and Several
          NH   5/1/09       (See Notes)               (See Notes)                  Yes             Liability             No

                                                                                            Modified Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          NJ   5/1/09          No Cap                  No Cap                      Yes             Liability             No
                                                                                               Comparative
                                                                                            Negligence; Modified
                                                                                             Joint and Several
          NM   5/1/09         $750,000               $1,050,000                    Yes             Liability          See Notes
                                                                                               Comparative
          NY   5/1/09          No Cap                  No Cap                      Yes           Negligence              No



0509PumfordStateTortCapsMatrixForWebsite
                          See Notes for additional comments on each state by clicking on state abbreviation
                                                                               Governmental      Liability Standard, i.e.,
                                                      Tort Cap Per        Immunity (No - Yes)         comparative          Proposed
         State As Of Tort Cap Per Claimant
                                                      Occurrence            If "Yes" See Notes     negligence, joint &     legislation
                                                                              For Exceptions      several liability, etc.
                                                                                                      Contributory
                                                                                                  Negligence; Joint and
          NC   5/1/09           No Cap                 $1,000,000                       Yes         Several Liability       See Notes

                                                                                                 Modified Comparative
                                                  $ 500,000 /                                    Negligence; Modified
                                                    $ 1,000,000                                   Joint and Several
          ND   5/1/09         $250,000                  (See Notes)          No                         Liability              No

                                                                                                 Modified Comparative
                                                                                                 Negligence; Modified
                           $250,000 (non-                                                         Joint and Several
          OH   5/1/09    economic damages)                No Cap                        Yes             Liability           See Notes
                           $400,000 (non-
                         economic damages                                                        Modified Comparative
                        except in exceptional                                                    Negligence; Joint and
          OK   5/1/09      circumstances)              $1,000,000                       Yes        Several Liability        See Notes

                                                                                                 Modified Comparative
                                                                                                 Negligence; Modified
                                                                                                  Joint and Several
          OR   5/1/09         $100,000                  $500,000                        Yes             Liability           See notes

                                                                                                 Modified Comparative
                                                  $ 500,000 /                                    Negligence; Modified
                                                  $ 1,000,000                                     Joint and Several
          PA   5/1/09         $250,000                 (See Notes)                      Yes             Liability           See Notes
                                                                                                     Comparative
                                                                                                 Negligence; Joint and
          RI   5/1/09         $100,000                    No Cap                        Yes        Several Liability        See notes

                                                                                                 Modified Comparative
                                                                                                  Negligence; Joint and
                                                                                                    Several Liability
                                                                                                 (applies only to private
          SC   5/1/09         $300,000                  $600,000                        Yes            defendants)          See Notes
                                                                                                      Comparative
                                                                                                  Negligence; Modified
                                                                                                   Joint and Several
          SD   5/1/09           No Cap                    No Cap                        Yes              Liability             No

                                                                                                 Modified Comparative
                                                                                                 Negligence; Several
          TN   5/1/09         $300,000                 $1,000,000                       Yes             Liability           See Notes

                                                                                                 Modified Comparative
                                                                                                 Negligence; Modified
                        $ 100,000 / $ 250,000     $ 300,000 / $ 500,000                           Joint and Several
          TX   5/1/09        (See Notes)                 (See Notes)                    Yes             Liability              No

                          $ 583,900 (general                                                     Modified Comparative
                         liability) / $ 233,600                                                  Negligence; Several
          UT   5/1/09     (property damage )           $2,000,000                       Yes             Liability              No

                                                                                                 Modified Comparative
                                                                                                 Negligence; Several
          VT   5/1/09         $250,000                 $1,000,000                       Yes             Liability              No
                                                                                                     Contributory
                        $ 100,000                                                                Negligence; Joint and
          VA   5/1/09       (See Notes)                   No Cap                        Yes        Several Liability           No
                                                                                                     Comparative
                                                                                                 Negligence; Modified
                                                                                                  Joint and Several
         WA 5/1/09            See Notes                   No Cap             No                         Liability              No

                                                                                                 Modified Comparative
                                                                                                 Negligence; Modified
                                                     $ 500,000 (non-                              Joint and Several
         WV 5/1/09              No Cap             economic damages)                    Yes             Liability              No




0509PumfordStateTortCapsMatrixForWebsite
                          See Notes for additional comments on each state by clicking on state abbreviation
                                                                         Governmental      Liability Standard, i.e.,
                                                  Tort Cap Per      Immunity (No - Yes)         comparative          Proposed
         State As Of Tort Cap Per Claimant
                                                  Occurrence          If "Yes" See Notes     negligence, joint &     legislation
                                                                        For Exceptions      several liability, etc.

                                                                                           Modified Comparative
                                                                                           Negligence; Modified
                        $ 50,000 / $ 250,000                                                Joint and Several
          WI   5/1/09        (See Notes)             No Cap                       Yes             Liability             No

                                                                                           Modified Comparative
                                                                                           Negligence; Several
         WY 5/1/09            $250,000              $500,000                      Yes             Liability             No




0509PumfordStateTortCapsMatrixForWebsite
        State
        AL      11-93-2 - The recovery of damages under any judgment against a governmental entity is limited to $100,000.00 for bodily injury or
        AK      09.65.070 - Subjects governmental entities to all claims, except those specifically listed. Exceptions to governmental liability: (I) An
        AZ      12-820.01 - Absolute immunity: (A) public entity shall not be liable for acts and omissions of its employees constituting either of the
        AR      21-9-301- Immunity – public entities immune from liability except to the extent that they may be covered by liability insurance. Per
        CA      Govt. Code § 815(a) - Scope of Immunities: Public Entities liable only as provided by statute, e.g.: (1) injury approximately caused by
        CO      24-10-104, et seq. - The Colorado Governmental Immunity Act (CGIA) provides immunity from suit to the State of Colorado,
        CT      52-557n - Political subdivisions of the state liable for damages to person or property caused by: (A) The negligent acts or omissions of
        D.C.    2-412: The District of Columbia shall not assert the defense of governmental immunity in any suit at law in which a claim is asserted
        DE      4012 - Exceptions to immunity - A governmental entity is exposed to liability for its negligent acts or omissions causing property
        FL      768.28 - Waives sovereign immunity for liability for torts - Actions at law against the state or any of its agencies or subdivisions to
        GA      50-21-20, et al - The Georgia Tort Claims Act applies only to state government agencies and not to county or city agencies. This means
        HA      663-8.7, 663-10.9(2) - (Civil actions generally) Cap of $375,000 on pain and suffering. Exceptions: Cap does not apply to intentional
        ID      6-1603 - Limitation on non-economic damages: (1) In no action seeking damages for personal injury, including death, shall a judgment
        IL      745 ILCS 10/2-101, et al - Illinois Local Governmental and Governmental Employees Tort Immunity Act - Immunity given to local public
        IN      34-13-3-3 - Immunity of governmental entity or employee - Governmental entity or an employee acting within the scope of the
        IA      669.14 - Notable exceptions to state liability: (1) Any claim based upon an act or omission of an employee of the state, exercising due
        KS      75-6103 - Governmental entities liable for damages caused by negligent or wrongful act or omission of any of its employees while
        KY      44.072 - Sovereign immunity waived via Board of Claims only. 44.070 - Board of Claims - created and vested with full power and
        LA      La. Const. Art. XII, §10(A) provides: "Section 10. (A). No Immunity in Contract and Tort. Neither the state, a state agency, nor a
        ME      14-8103 - Governmental immunity - Governmental entities shall be immune from suit on any and all tort claims seeking recovery of
        MD      12-104 - Immunity of State and its units waived as to a tort action. Exceptions to liability - (5-522) State personnel are immune from suit
        MA      258-2: Public employers liable for injury or loss of property or personal injury or death caused by the negligent or wrongful act or
        MI      691.1407 - Government immunity - a governmental agency is immune from tort liability if the governmental agency is engaged in the
        MN      3.736 - By law, Minnesota political subdivisions are held liable for their negligence along with the negligence of their employees.
        MS      11-46-3 - Grants state and political subdivisions immunity from suit at law or in equity on account of any wrongful or tortious act or
        MO      537.600. 1 - Governmental immunity retained by State, except that the immunity of the public entity from liability and suit for
        MT      2-9-102 - Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their
        NE      13-902 - Grants all governmental entities full governmental immunity, with exceptions as defined in the Nebraska Tort Claims Act. 13-
        NV        41.031 - Waives governmental immunity. Exceptions to waiver: NRS 41.032 to 41.038, inclusive, 485.318, subsection 3, including:
        NH      541-B:14 - Limits per claimant/occurrence for government “Agencies” - $475,000/claimant and $3,750,000/occurrence, or the proceeds
        NJ      59:2-2 - A public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his
        NM      41-4-4 - Governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any
        NY      Sovereign immunity waived via Claims of Court Act §8. The State's waiver of sovereign immunity is not absolute, but is conditioned
        NC      143-291 - state agencies, and employees and agents acting in their official capacity may be sued for torts, but only for ordinary
        ND      Tort cap per occurrence - Political Subdivision = $500,000; State = $1 million. 32-12.1-03 - Political subdivisions liable for money
        OH      2744.02 - Political subdivision not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by
        OK      51-153 - The state or a political subdivision liable for loss resulting from its torts or the torts of its employees acting within the scope of
        OR      30.265 - Every public body is subject to action or suit for its torts and those of its officers, employees and agents acting within the scope




0509PumfordStateTortCapsMatrixForWebsite(2).xls
        PA     The Sovereign Immunity Act provides that as a general rule the Commonwealth is immune from suit. For cases in which a person or
        RI     9-31-1 - The state and any political subdivision thereof, including all cities and towns liable in all actions of tort in the same manner as a
        SC     15-78-40 - The State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to
        SD     21-32-20 - Sovereign immunity not waived. 21-32A-3 - Public entities immune from liability for damages whether the function in which it
        TN     29-20-201 - All governmental entities immune from suit for any injury which may result from the activities of such governmental entities
        TX     101.021 - A governmental unit in the state is liable for: (1) property damage, personal injury, and death proximately caused by the
        UT     63G-7-201 - Each governmental entity and each employee of a governmental entity are immune from suit for any injury that results
        VT     12-5601 - State liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee
        VA     8.01-195.3 - State - waiver - liable for money damages on account of damage to or loss of property or personal injury or death caused
        WA     4.92.090 - State liable for damages arising out of its tortious conduct; 4.96.010 - Local governmental entities, whether acting in a
        WV     29-12A-4 - gives political subdivisions immunity from damages in civil actions for injury, death, or loss to persons or property allegedly
        WI     893.80 - In general, there is only immunity for legislative, quasi-legislative, judicial and quasi-judicial decisions of governmental bodies
        WY     1-39-104 - Granting all governmental entities and their employees immunity from liability for any tort. A governmental entity required to




0509PumfordStateTortCapsMatrixForWebsite(2).xls

				
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