§ 160A-485.5. Waiver of immunity for large cities through State Tort Claims Act. - North Carolina Statutes

§ 160A‑485.5.  Waiver ofimmunity for large cities through State Tort Claims Act.

(a)        Any city with apopulation of 500,000 or more according to the most recent decennial federalcensus is authorized to waive its immunity from civil liability in tort by passageof a resolution expressing the intent of the city to waive its sovereignimmunity pursuant to Article 31 of Chapter 143 of the General Statutes, asmodified by subsection (b) of this section, and subject to the limitations setforth by subsection (c) of this section. Any resolution passed pursuant to thissection shall apply to all claims arising on or after the passage of theresolution, until repealed.

(b)        The followingmodifications of Article 31 of Chapter 143 of the General Statutes shall applyto the waiver of sovereign immunity described by subsection (a) of thissection:

(1)        Jurisdiction fortort claims against the city shall be vested in the Superior Court Division ofthe General Court of Justice of the county where the city is principally located,and, except as otherwise provided in this section, tort claims against a cityshall be governed by the North Carolina Rules of Civil Procedure. The cityshall be solely responsible for the expenses of its legal representation inconnection with claims asserted against it, and for payment of the amount forwhich it is found liable under this section. Therefore, G.S. 143‑291, 143‑291.1,143‑291.2, 143‑291.3, 143‑292, 143‑293, 143‑295,143‑295.1, 143‑296, 143‑297, 143‑298, 143‑299.4,and 143‑300 shall not apply to claims under this section.

(2)        Appeals to the Courtof Appeals from a decision of the Superior Court Division shall be treated inthe same manner as an appeal from a decision of the Industrial Commission underG.S. 143‑294.

(3)        The limitation onclaims set forth in G.S. 143‑299; the burden of proof and defense setforth in G.S. 143‑299.1; notwithstanding G.S. 143‑299.1A(c), thedefense set forth in G.S. 143‑299.1A; and the limitation on payments setforth in G.S. 143‑299.2 shall apply to claims filed with the SuperiorCourt Division under this section.

(c)        If a city waivesits immunity pursuant to subsection (a) of this section, G.S. 160A‑485shall not apply to that city. The city may purchase liability insurance oradopt a resolution creating a self‑funded reserve to insure liability fornegligence of any officer, employee, involuntary servant or agent of the citywhile acting within the scope of his office, employment, service, agency orauthority, under circumstances where the city, if a private person, would beliable to the claimant in accordance with the laws of North Carolina.

(d)        No document orexhibit that relates to or alleges facts as to the city's insurance againstliability shall be read, exhibited, or mentioned in the presence of the trialjury in the trial of any claim brought pursuant to this section, nor shall theplaintiff, plaintiff's counsel, or anyone testifying on the plaintiff's behalfdirectly or indirectly convey to the jury any inference that the city'spotential liability is covered by insurance. No judgment may be entered againstthe city unless the plaintiff waives the plaintiff's right to a jury trial onall issues of law or fact relating to insurance coverage. All issues relatingto insurance coverage shall be heard and determined by the judge without resortto a jury. The jury shall be absent during all motions, arguments, testimony,or announcement of findings of fact or conclusions of law with respect toinsurance coverage. The city may waive its right to have issues concerninginsurance coverage determined by the judge without a jury and may request ajury trial on these issues. (2009‑519, s. 1.)