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Bill > H466


MA H466

MA H466
To limit the liability of the MWRA.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to the liability of the Massachusetts Water Resources Authority for negligent or wrongful acts or omissions of any employee of said authority. The Judiciary.

AI Summary

This bill proposes to amend existing Massachusetts law to clarify the liability of the Massachusetts Water Resources Authority (MWRA) for the actions of its employees. Specifically, it states that the MWRA will be responsible for injuries or damages caused by the negligent or wrongful acts or omissions of its employees acting within their job duties, and this liability will include post-judgment interest. The bill defines "employee" broadly to include officers, directors, and staff, whether full-time, part-time, temporary, permanent, compensated, or uncompensated. However, the MWRA's liability is capped at $100,000 per plaintiff for damages, excluding interest and costs, and the Authority's property cannot be seized to satisfy a judgment; punitive damages are also prohibited. Importantly, individual MWRA employees will generally not be held liable for such acts, provided they cooperate with the MWRA's defense, though failure to cooperate could make them jointly liable. The bill also outlines provisions for the public attorney to represent employees in certain cases and specifies how interest on judgments will be calculated, extending these provisions to the South Essex Sewerage District.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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