RESOLUTION
OPPOSING REVISIONS TO THE WRONGFUL DEATH STATUTE

WHEREAS,     on January 15, 2008, legislation requiring expansion of survivor recovery in the event of wrongful death was pocket vetoed by Governor Jon Corzine; and

WHEREAS,   we are of the understanding, legislation is being drafted to incorporate a cap on damages for wrongful death; and

WHEREAS,     liability claims are already increasing at the rate of 10% per year; and

WHEREAS,   revisions to the Wrongful Death Act will add another 6% to 10% to this cost; and

WHEREAS,   under the current Wrongful Death Act, family members can already collect substantial compensation for actual losses such as medical bills and lost income as well as loss of companionship; and

WHEREAS,   revisions to the Wrongful Death Act will allow juries to award substantial, additional compensation for “emotional distress."; and

WHEREAS,   revisions to Wrongful Death Act would be contrary to the principles in Title 59, the Tort Claims Act; and

WHEREAS, without the limitations in Title 59, it would be difficult for state, county and local government to respond to a wide range of emergency situations.

NOW, THEREFORE BE IT RESOLVED by the mayor and council of (YOUR TOWN)  that we urge the legislature to fully exempt Title 59 entities from any expansion of the Wrongful Death Act; and

BE IT FURTHER RESOLVED that a copy

RESOLUTION
OPPOSING REVISIONS TO THE WRONGFUL DEATH STATUTE

WHEREAS,     on January 15, 2008, legislation requiring expansion of survivor recovery in the event of wrongful death was pocket vetoed by Governor Jon Corzine; and

WHEREAS,   we are of the understanding, legislation is being drafted to incorporate a cap on damages for wrongful death; and

WHEREAS,     liability claims are already increasing at the rate of 10% per year; and

WHEREAS,   revisions to the Wrongful Death Act will add another 6% to 10% to this cost; and

WHEREAS,   under the current Wrongful Death Act, family members can already collect substantial compensation for actual losses such as medical bills and lost income as well as loss of companionship; and

WHEREAS,   revisions to the Wrongful Death Act will allow juries to award substantial, additional compensation for “emotional distress."; and

WHEREAS,   revisions to Wrongful Death Act would be contrary to the principles in Title 59, the Tort Claims Act; and

WHEREAS, without the limitations in Title 59, it would be difficult for state, county and local government to respond to a wide range of emergency situations.

NOW, THEREFORE BE IT RESOLVED by the mayor and council of (YOUR TOWN)  that we urge the legislature to fully exempt Title 59 entities from any expansion of the Wrongful Death Act; and

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to (names of Senator and Assembly Members in your district), Governor Jon Corzine, Senate President Richard “Dick” Codey, Assembly Speaker Joe Roberts, Municipal Excess Liability Fund and the NJ League of Municipalities.