Because the case involved the negligence of an employee of a municipality, local agency/political subdivision immunity applied.
During the prosecution of the case, multiple legal issues had to be addressed, including: 1) whether the municipality could be held responsible for causing our client’s injuries; 2) whether timely notice of the claim had been provided to the municipality; 3) whether the injuries sustained by our client were serious enough to include a permanent loss of a bodily function; and 4) how the statutory cap on damages would affect case resolution.
In our case, our client was injured by a worker driving a municipality -owned vehicle. Damages were significant, and we were able to establish our client’s entitlement to pain and suffering damages through the testimony of his treating physician, who opined that the injury caused a permanent loss of function. In the end, despite the statutory cap on damages, we made the case and reached a favorable resolution.