S.P. 800 - L.D. 2157
Resolve, to Allow the Estate of Barbara Maxfield to Sue the State
Sec. 1. Authorization to sue the State. Resolved: That, notwithstanding any law to the contrary, the estate of Barbara Maxfield or its legal representative, on behalf of Allan Maxfield, sole beneficiary, who claims to have suffered damages as a result of the State's failure to intercept a drunken driver who caused the death of Barbara Maxfield at the Maine Turnpike Exit 6-A tollbooth, is authorized to bring a civil action against the State.
This action may be brought in the Cumberland 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. The 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.
The Treasurer of State shall pay any judgment, including costs and interest, on final process issued by the Superior Court or, if applicable, the Supreme Judicial Court. Recovery may not exceed $300,000 including costs and interest.
Effective July 9, 1998, unless otherwise indicated.
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