Chapter 496
2004 -- H 8393 AS AMENDED
Enacted 07/07/04
A N A C T
AUTHORIZING
SUIT AGAINST THE CITY OF PROVIDENCE BY THE FAMILY AND
ESTATE
OF CAROL WALKER
Introduced
By: Representatives Almeida, Williams, and Slater
Date
Introduced: April 06, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. The state of Rhode Island and Providence Plantations consents to have an
action
brought against the City of Providence within three (3) years of the date of
passage of this
act
by the Estate of Carol Walker, the husband of Carol Walker, and the five (5)
minor children of
Carol
Walker, upon claims for damages alleged to have been sustained by said Carol
Walker,
resulting
from the alleged negligent, wanton and reckless operation of a City of
Providence fire
truck
causing the death of Carol Walker and damages to the husband and children of
Carol
Walker
while Carol Walker was operating her motor vehicle on January 10, 2004.
SECTION
2. Jurisdiction is hereby conferred upon the superior court within and for the
county
of Providence to hear and determine the aforesaid claims. The trial shall be
conducted as
other
civil actions are tried in said court, and the parties shall have the right to
a trial by jury.
SECTION
3. If the court or jury shall find that the Estate of Carol Walker sustained
damages
as a result of the negligence of the City of Providence acting through its
agents or
servants,
the court or jury shall award to and render judgment for the aforesaid
plaintiff against
the
City of Providence in such sum as the court or jury shall find to be just and
equitable, but in
no
event shall the judgment including interest and costs be in excess of five
hundred thousand
dollars
($500,000).
SECTION
4. If the court or jury shall find that Carol Ann Cable sustained damages as a
result
of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of two million dollars
($2,000,000).
SECTION
5. If the court or jury shall find that Elizabeth Cable sustained damages as
result
of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of one million dollars
($1,000,000).
SECTION
6. If the court or jury shall find that Homer Cable sustained damages as a
result
of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of five hundred thousand
dollars
($500,000).
SECTION
7. If the court or jury shall find that Jonathan Cable sustained damages as a
result
of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of five hundred thousand
dollars
($500,000).
SECTION
8. If the court or jury shall find that Edward Cable sustained damages as a
result
of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of two hundred fifty
thousand dollars
($250,000).
SECTION
9. If the court or jury shall find that Homer Lee Walker sustained damages as
a
result of the negligence of the City of Providence acting through its agents or
servants, the court
or
jury shall award to and render judgment for the aforesaid plaintiff against the
City of
Providence
in such sum as the court or jury shall find to be just and equitable, but in no
event
shall
the judgment including interest and costs be in excess of two hundred fifty
thousand dollars
($250,000).
SECTION
10. The judgment in such case shall constitute a complete bar to any further
action
of the said Estate of Carol Walker, the husband of Carol Walker, and the five
(5) children
of
Carol Walker by reason of the same subject matter, and upon recovery of said
judgment,
execution
shall issue therefor and shall be forthwith paid by the City of Providence.
SECTION
11. The passage of this act shall not authorize or sanction recovery from the
state
under the provisions of chapter 45-13 of the general laws.
SECTION
12. The question of the approval of this act shall be submitted to the electors
of
the city at the election to be held on November 2, 2004. The question shall be
submitted in
substantially
the following form: "Shall an act, passed at the session of the general
assembly,
entitled
'An act authorizing suit against the City of Providence by the family and
Estate of Carol
Walker'
be approved to allow the plaintiffs in the suit to make claims for damages in
excess of the
statutory
cap of one hundred thousand dollars ($100,000)?" and the warning for the
election shall
contain
the question to be submitted. From the time the election is warned and until it
is held, it
shall
be the duty of the city clerk to keep a copy of the act available at his/her
office for public
inspection,
but the validity of the election shall not be affected by this requirement.
SECTION
13. This section and the foregoing section shall take effect upon the passage
of
this act. The remainder of this act shall take effect upon the approval of this
act by a majority
of
those voting on the question at the election prescribed by the foregoing
section.
=======
LC03025
=======