| | | Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any | | statute or common law to the contrary, Zelma Rudge, as personal | | representative of the estate of Victor Lizzotte of Enfield, who | | claims to have suffered damage as a result of alleged negligence | | by the Department of Human Services in failing to properly | | exercise its duty to supervise the visitation of Victor Lizzotte | | with George Lizzotte and to protect Victor Lizzotte from harm | | from George Lizzotte during supervised visitation, which neglect | | resulted in Victor's death, is authorized to bring a civil action | | against the State. |
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| | | This action may be brought in the Penobscot County Superior | | Court within one year from the date this resolve is approved. | | Liability and damages, including punitive damages, must be | | determined according to state law as in litigation between | | individuals. This action may be heard by a Justice of the | | Superior Court or by a jury. The Maine Rules of Civil Procedure | | govern the conduct of the action. The Attorney General shall | | appear, answer and defend the action. |
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| | | The Treasurer of State shall pay any judgment, including cost | | and interest, on final process issued by the Superior Court or, | | if applicable, the Supreme Judicial Court. Recovery may not | | exceed $250,000 or the applicable insurance policy limits, | | including costs and interest. |
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| | | This resolve authorizes Zelma Rudge, as personal | | representative of the estate of Victor Lizzotte, to bring a civil | | action against the State for damages resulting from the alleged | | negligence of the Department of Human Services concerning the | | death of Victor Lizzotte. |
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