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DeForrest v. City of Cherry Hills Village11/21/2002
ยง 24-10-102, C.R.S. 2002. This legislative purpose adequately refutes the notion that a victim should be permitted to cumulate an award beyond the $150,000 limitation according to the number of public entities and public employees who are joined or settle. Moreover, the statute clearly limits the total recovery by a claimant, not individual judgments obtained by a claimant.
Accordingly, the $30,000 settlement with the state should be deducted from husband's ultimate recovery, except for punitive damages, against all defendants.
V.
Finally, husband asserts that the GIA permits a jury to enter a verdict and judgment in excess of the statutory limitations and the trial court erred in determining the statutory cap on a pretrial motion. We disagree.
Section 24-10-114(5), C.R.S. 2002, states:
Notwithstanding the maximum amounts that may be recovered from a public entity set forth in subsection (1) of this section, a judgment or judgments may be claimed and rendered against the state in excess of the maximum amounts only if the general assembly acting by bill authorizes payment of all or a portion of the judgment which exceeds the maximum amount. Any claimant may present proof of judgment to the general assembly and request payment of that portion of the judgment which exceeds the maximum amount. (emphasis added.)
This provision clearly applies only to claims against the state and not to those against individual cities, other political subdivisions, or public employees.
Accordingly, because the claim against the state was dismissed and only claims against the cities and the public employee remain, we conclude that the trial court did not err in determining the maximum amount that husband may recover on a pretrial motion.
That portion of the judgment limiting plaintiff's damages against the police officer is reversed, and the matter is remanded for further proceedings as to that issue. That portion of the judgment limiting plaintiff's damages as against the municipal defendants and requiring that the settlement with the state be credited against his recovery against all the defendants, except for punitive damages, is affirmed.
JUDGE JONES and JUDGE CASEBOLT concur.
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