Page:United States Statutes at Large Volume 74.djvu/559

 74 S T A T. ]

PUBLIC LAW 86-654-JULY 14, 1960

519

Public Law 86-654 AN ACT To deny to the District of Columbia, in suits on claims arising out of the negligent operation of vehicles owned or controlled by it and operated by its employees in the performance of their oflBcial duties, the defense of governmental immunity, to relieve such employees of liability in such cases to third persons, and for other purposes.

July 14^ 1960 \——i

Be it enacted by the Senate and Rouse of Representatives of the United States of America in Congress assembled, That this Act may NoLrabu'S^°Ac^t! be cited as the "District of Columbia Employee Non-Liability Act." SEC. 2. As used in this Act the term— (a) "Commissioners" means the Commissioners of the District of Columbia, or their designated agent. (b) "Court" means either the United States District Court for the District of Columbia or the Municipal Court for the District of Columbia, depending upon the amount involved in an action under the authority of this Act as related to the limits of jurisdiction of the said courts. (c) "District" means the Government of the District of Columbia, a municipal corporation. (d) "Emergency run" means the movement of a Districtowned vehicle, by direction of the operator or of some other authorized person or agency, under circumstances which lead the operator or such person or agency to believe that such vehicle should proceed expeditiously upon a particular mission or to a designated location for the purpose of dealing with a supposed fire or other emergency, an alleged violation of a statute or regulation, or other incident requiring emergency action, or the prompt transportation to a place of treatment or greater safety of an alleged sick or injured person. (e) "Emergency vehicle" means a vehicle assigned (1) to the Fire Department of the District or to the Metropolitan Police Department and not designated by the Commissioners as a nonemergency vehicle; or (2) to other departments or officials of the District and designated by the Commissioners as an emergency vehicle. (f) "Employee" means a person serving as an officer or employee of the District, whether or not paid by the District, or a person formerly so engaged, or the representative of a deceased officer or employee of the District. (g) "Vehicle" means every type of conveyance or machine capable of movement on land, or in water or air, including an animal being ridden and any animal-drawn machinery or conveyance. SEC. 3. Hereafter the District of Columbia shall not assert the defense of governmental immunity in any suit at law in which a claim is asserted against it for money only on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the District occurring as the result of the operation by such employee, within the scope 01 his office or employment, of a vehicle owned or controlled by the District: Provided, That in the case of a claim arising out of the operation of an emergency vehicle on an e m e r ^ n c y run the District shall be liable only for gross negligence. Nothing contained in this Act shall be construed as depriving the District of any other defense in law or equity which it may have to any such action or give to any person, corporation, partnership, or association any right to institute or maintain any suit against the District which it did not have prior to the date of enactment hereof. SEC. 4. The judgment in any such action shall constitute a complete bar to any action by the claimant by reason of the same subject matter against the employee of the District whose act or omission gave rise to

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