Gerard v. Department of Transportation

I concur in all aspects of the majority’s opinion, except that portion holding that appellant’s action cannot be allowed to proceed in the circuit court in order for him to establish a predicate for a possible claim request before the legislature. If I correctly understand the majority’s position, it has adopted the appellee’s argument that once the statutory cap authorized by subsection (5) has been exhausted by payment, the circuit court then has no subject matter jurisdiction to enter a judgment for any additional amount. I find nothing in the act barring an injured claimant from seeking a…