Gleason, DiFrancesco, Shahade, 
Barbin & Markovitz
Johnstown, Pennsylvania


Municipal Municipal Torts Claim Act
Pennsylvania Judicial Code 42 P.S.§ 8541 et. seq.

§ 8541 Governmental immunity generally

Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.
1980, Oct. 5, P.L. 693, No. 142, § 221(i), effective in 60 days.

§ 8542 Exceptions to governmental immunity

1980, Oct. 5, P.L. 693, No. 142, § 221(l), effective in 60 days. As amended 1982, June 10, P.L. 452, No. 132, § 1, imd. effective.

§ 8545. Official liability generally
An employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency and subject to the limitations imposed by this subchapter.

1980, Oct. 5, P.L. 693, No. 142, § 221 (1), effective in 60 days.

§ 8546. Defense of official immunity
In any action brought against an employee of a local agency for damages on account of an injury to a person or property based upon claims arising from, or reasonably related to, the office or the performance of the duties of the employee, the employee may assert on his own behalf, or the local agency may assert on his behalf:

1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8547 Legal assistance

1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8548 Indemnity

1980, Oct. 5, P.L. 693, No. 142, § 221(l), effective in 60 days.

 § 8549. Limitation on damages
In any action brought against an employee of a local agency for damages on account of an injury to a person or property in which it is judicially determined that the act of the employee caused the injury and that such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, damages shall be recoverable only within the limits set forth in this subchapter.

§ 8550 Willful Misconduct
In any action against a local agency or employee thereof for damages on account of an injury caused by the act of the employee in which it is judicially determined that the act of the employee caused the injury and that such act constituted a crime, actual fraud, actual malice or willful misconduct, the provisions of sections 8545 (relating to official liability generally), 8546 (relating to defense of official immunity), 8548 (relating to indemnity) and 8549 (relating to limitation on damages) shall not apply.

 1980, Oct. 5, P.L. 693, No.142, § 221(1), effective in 60 days.

§ 8553. Limitations on damages

1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8557. Judgment as a bar
The judgment in an action cognizable under section 8545 (relating to official liability generally) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the local agency of which the defendant in such action is an employee. The judgment in an action under section 8542 (relating to exceptions to governmental immunity) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose act gave rise to the claim.

 1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8558. Judgments against insured local agency
If the judgment is obtained against a local agency that has procured a contract or policy of public liability insurance protection the holder of the judgment may use the methods of collecting the judgment as are provided by the policy or contract and the laws ot the Commonwealth to the extent of the limits of coverage provided.

 1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8559. Judgments against self-insured local agency and those not fully insured
For the payment of any judgment obtained under the provisions of this subchapter against a local agency that is a self-insurer or not fully covered by liability insurance, the manner of paying a money judgment shall be based upon a proof of indebtedness or evidence of any estimated tax levy necessary for payment of the judgment and any other evidence or statements which the court of original jurisdiction may require. As an alternative to paying the money judgment in this manner, the court may provide for the judgment to be paid over a period of not less than one nor more than ten years. The interest rate on any judgment where payment is extended more than three years shall be at the rate prescribed by law for the first three years and at the rate of 6% for each remaining year.

 1980, Oct. 5, P.L. 693, No. 142, § 221(1), effective in 60 days.

 § 8563. General powers of local agencies

1980, Oct. 5, P.L. 693, No. 142, § 221(l), effective in 60 days.

 §8564. Liability insurance and self-insurance

1980, Oct. 5, P.L. 693, No. 142, § 221(l), effective in 60 days.

 
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Updated February 1998