Suing state, cities may become easier

A "miracle bill" that will make it easier for residents to sue state and local governments passed a Senate committee Tuesday.

SB55 would establish clear immunity guidelines and cut down the confusion in the original government immunity law passed in 1965.

"The law was abysmal for plaintiffs and great for entities," Salt Lake City attorney Andrew Morse told the Senate Government Operations and Political Subdivisions committee.

In fact, up to a third of all current claims against government entities are tossed out because of technicalities stemming from vagaries in the existing statute, Assistant Attorney General Brent Barnett said.

"We feel there will be a significant drop-off with this bill," he said.

Sponsoring Sen. Leonard Blackham, R-Moroni, said a 27-member task force spent more than a year drafting the measure with the interests of all sides in mind.

"We can feel comfortable moving forward with this bill as a balance between governmental immunity and the rights of the public sector," Blackham said.

The bill would provide a blanket exemption for most entities from legal claims for injuries resulting from governmental functions, and it would drop the claim denial period to 60 days from 90 days.

In addition to clarifying when government entities can be culpable for civil suits, the bill will make it easier for plaintiffs to file suit against the state, lobbyist Jodi Hoffman said.

"We expect that many plaintiffs will get their day in court, because this bill simplifies the determination of who is to be provided with claims," she said.

The bill would require the Division of Corporate and Commercial Code to maintain an index of claims against any government entity, and to make those claims available to the public.

That would make it easier for plaintiffs to know if they have a case, based on outcomes of past claims, said David Church, general counsel to the Utah League of Cities & Towns. "This bill is important to local governments because we need clarity. We cannot continue to work in reverse."

However, Utah Trial Lawyers Association attorney Ed Havas told the committee the revamped government immunity bill is just the first step in the right direction.

"This bill is a good beginning, but it's just that — a beginning," Havas said. "We remain cautiously optimistic about the future of this legislation and we're here in unison, not in opposition to the government entities speaking to this bill."

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