Introduced By: Representative Moura
Date Introduced : February 10, 1999
Referred To: Committee on Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. The State of Rhode Island an Providence Plantations consents to have brought against it Civil Action No. 99-02115, presently pending in Providence County Superior Court, by Richard Andreozzi of 392 South Main Street, Unit 61, Providence, Rhode Island, Administrator for the estate of Gina Andreozzi, upon a claim of wrongful death sustained by his sister, Gina Andreozzi, in a motor vehicle accident which occurred on or about January 25, 1996.
SECTION 2. Jurisdiction is hereby conferred upon the superior court within and for the county of Providence to hear and determine the aforesaid claim of said Richard Andreozzi. 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. The attorney general or any attorney in his department authorized by him shall represent the state of Rhode Island and Providence Plantations in such action.
SECTION 3. If the court or jury shall that said Gina Andreozzi's death was sustained as a result of the negligence of the State of Rhode Island and Providence Plantations acting through its agents or servants, the court or jury shall award to and render judgment for the said Administrator of Gina Andreozzi's estate, Richard Andreozzi, against the state of Rhode Island and Providence Plantations 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 seven hundred and fifty thousand dollars ($750,000).
SECTION 4. The judgment in such case shall constitute a complete bar to any further action of the said Administrator, Richard Andreozzi, by reason of the same subject matter, and upon recovery of said judgment, execution shall issue therefor and shall be forthwith paid by the general treasurer. There is hereby appropriated and made available out of any money in the treasury not otherwise appropriated, a sum sufficient for the payment of any judgment which may be entered in favor of said Richard Andreozzi against the State of Rhode Island and Providence Plantations as provided in this act, and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sum or so much thereof as may be deemed necessary from time to time upon receipt by him of properly authenticated vouchers.
SECTION 5. This act shall take effect upon passage.
This act would authorize Richard Andreozzi, administrator for the estate of Gina Andreozzi, to recover damages not exceeding $750,000 in a suit presently pending against the state.
This act would take effect upon passage.
