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.

     

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