For the purposes of this chapter, the following terms shall have the meanings ascribed to them by this section:
(1) GOVERNMENTAL ENTITY. Any incorporated municipality, any county, and any department, agency, board, or commission of any municipality or county, municipal or county public corporations, and any such instrumentality or instrumentalities acting jointly. “Governmental entity” shall also include county public school boards, municipal public school boards and city-county school boards when such boards do not operate as functions of the State of Alabama. “Governmental entity” shall also mean county or city hospital boards when such boards are instrumentalities of the municipality or county or organized pursuant to authority from a municipality or county.
(2) EMPLOYEE. An officer, official, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of any governmental entity in any official capacity, temporarily or permanently, in the service of the governmental entity, whether with or without compensation, but the term “employee” shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this chapter applies in the event of a claim.
(3) BODILY INJURY. Any bodily injury, sickness, disease, or death sustained by any person or caused by an occurrence.
(4) PROPERTY DAMAGE. Injury or destruction to tangible property caused by an occurrence.
(5) CLAIM. Any claim against a governmental entity, for money damages only, which any person is legally entitled to recover as damages caused by bodily injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of his employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for such damages under the laws of the State of Alabama.
(Acts 1977, No. 673, p. 1161, §1.)
Notes of Decisions
Home Indem. Co. v. Anders, 459 So. 2d 836 (Ala. 1984).
· cites it 5× “673 (codified at Code 1975, § 11-93-1 through § 11-93-3) and under the facts in this case.”
MacOn v. Huntsville Utils., 613 So. 2d 318 (Ala. 1992).
· cites it 9× “" There are cases, of course, that do define "tangible property right" to include the right of employment, but those cases are not persuasive to us in interpreting the provisions of § 11-93-1 et seq.”
Smitherman v. Marshall Cnty. Com'n, 746 So. 2d 1001 (Ala. 1999).
· cites it 6× “Section 11-93-2 does not protect anyone or anything not included within the definition of "governmental entity" specified by § 11-93-1. NOTES [1] On application for rehearing, this Court received briefs not only from the parties but also from several amici curiae, including the…”
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013).
· cites it 4× “Code 1975, § 11-93-2 and § 11-93-1(1), defining the partial immunity granted by Chapter 93 as a partial immunity for counties and municipalities and their agencies.”
Suttles v. Roy, 75 So. 3d 90 (Ala. 2010).
· cites it 2× “"Governmental entity” is defined in Ala. Code 1975, § 11-93-1(1), and includes both municipalities and counties.”
St. Paul Fire & Marine Ins. Co. v. Nowlin, 542 So. 2d 1190 (Ala. 1989).
· cites it 3× “Nowlin further argues that the title to Act 540 does not sufficiently indicate the necessary agency relationship between the Board and the City and County of Tuscaloosa for the Board to be considered a "governmental entity" as that term is defined in § 11-93-1. "The general…”
City of Montgomery v. Water Works & Sanitary Sewer Bd., City of Montgomery, 660 So. 2d 588 (Ala. 1995).
· cites it 3× “1991), this Court held that the Guntersville Housing Authority is a "governmental entity" as defined by Ala.Code 1975, § 11-93-1, and is, therefore, subject to the effect of § 11-93-2, which limits the amounts of tort damages and the amount of money under settlements of tort…”
Garner v. Covington Cnty., 624 So. 2d 1346 (Ala. 1993).
· cites it 2× “Ala.Code 1975, § 11-93-1. [7] Moore held unconstitutional under § 11 a cap on "noneconomic" damages in medical malpractice actions.”
Guntersville Hous. Auth. v. Stephens, 585 So. 2d 887 (Ala. 1991).
· cites it 5× “The sole issue to be determined in this case is whether the Guntersville Housing Authority is a “governmental entity” as defined by Ala.Code 1975, § 11-93-1, and is, therefore, subject to the effect of § 11- *888 93-2 which limits the amount of tort damages and the amount of…”
Lee v. Houser, 148 So. 3d 406 (Ala. 2013).
· cites it 2× “” § 11-93-1(4), Ala.Code 1975. See Macon v.”
City of Prattville v. Corley, 892 So. 2d 845 (Ala. 2003).
“" § 11-93-1(1). [9] The second sentence of § 11-93-2 reads: "Recovery of damages under any judgment or judgments against a governmental entity shall be limited to $300,000.”
— Ala. Code § 11-93-1(1) — 10 cases
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013).
“Code 1975, § 11-93-2 and § 11-93-1(1), defining the partial immunity granted by Chapter 93 as a partial immunity for counties and municipalities and their agencies.”
Suttles v. Roy, 75 So. 3d 90 (Ala. 2010).
“"Governmental entity” is defined in Ala. Code 1975, § 11-93-1(1), and includes both municipalities and counties.”
City of Prattville v. Corley, 892 So. 2d 845 (Ala. 2003).
“" § 11-93-1(1). [9] The second sentence of § 11-93-2 reads: "Recovery of damages under any judgment or judgments against a governmental entity shall be limited to $300,000.”
St. Paul Fire & Marine Ins. Co. v. Nowlin, 542 So. 2d 1190 (Ala. 1989).
“Nowlin further argues that the title to Act 540 does not sufficiently indicate the necessary agency relationship between the Board and the City and County of Tuscaloosa for the Board to be considered a "governmental entity" as that term is defined in § 11-93-1. "The general…”
City of Montgomery v. Water Works & Sanitary Sewer Bd., City of Montgomery, 660 So. 2d 588 (Ala. 1995).
“1991), this Court held that the Guntersville Housing Authority is a "governmental entity" as defined by Ala.Code 1975, § 11-93-1, and is, therefore, subject to the effect of § 11-93-2, which limits the amounts of tort damages and the amount of money under settlements of tort…”
— Ala. Code § 11-93-1(2) — 2 cases
Smitherman v. Marshall Cnty. Com'n, 746 So. 2d 1001 (Ala. 1999).
“Section 11-93-2 does not protect anyone or anything not included within the definition of "governmental entity" specified by § 11-93-1. NOTES [1] On application for rehearing, this Court received briefs not only from the parties but also from several amici curiae, including the…”
Home Indem. Co. v. Anders, 459 So. 2d 836 (Ala. 1984).
“673 (codified at Code 1975, § 11-93-1 through § 11-93-3) and under the facts in this case.”
— Ala. Code § 11-93-1(4) — 2 cases
MacOn v. Huntsville Utils., 613 So. 2d 318 (Ala. 1992).
“" There are cases, of course, that do define "tangible property right" to include the right of employment, but those cases are not persuasive to us in interpreting the provisions of § 11-93-1 et seq.”
Lee v. Houser, 148 So. 3d 406 (Ala. 2013).
“” § 11-93-1(4), Ala.Code 1975. See Macon v.”
— Ala. Code § 11-93-1(5) — 3 cases
Home Indem. Co. v. Anders, 459 So. 2d 836 (Ala. 1984).
“673 (codified at Code 1975, § 11-93-1 through § 11-93-3) and under the facts in this case.”
St. Paul Fire & Marine Ins. Co. v. Nowlin, 542 So. 2d 1190 (Ala. 1989).
“Nowlin further argues that the title to Act 540 does not sufficiently indicate the necessary agency relationship between the Board and the City and County of Tuscaloosa for the Board to be considered a "governmental entity" as that term is defined in § 11-93-1. "The general…”
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