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Connecticut Special Acts 1996

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Substitute House Bill No. 5542

SPECIAL ACT NO. 96-16

AN ACT CONCERNING THE CLAIM AGAINST THE STATE OF THE ESTATE OF WILFRED LAGASSEY, AUTHORIZING THE ESTATE OF TYTHRON Z. BLUE TO SUE THE STATE AND CONCERNING THE CLAIM AGAINST THE STATE OF ROSA BERUBE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Notwithstanding the failure to file a proper notice of a claim against the state with the clerk of the Office of the Claims Commissioner, as required by section 4-147 of the general statutes, within the time limitations specified by subsection (a) of section 4-148 of the general statutes, the estate of Wilfred Lagassey is authorized pursuant to the provisions of subsection (b) of section 4-148 of the general statutes to present its claim against the state to the Claims Commissioner, provided the General Assembly deems such authorization to be just and equitable and makes an express finding that such authorization is supported by compelling equitable circumstances and would serve a public purpose.

Sec. 2. Notwithstanding the provisions of subsection (c) of section 4-148 of the general

statutes, the estate of Tythron Z. Blue is authorized to institute and prosecute to final judgment an action against the state of Connecticut to recover damages as compensation for the wrongful death of said Tythron Z. Blue on August 13, 1990, allegedly caused by the negligence of the Department of Children and Youth Services in failing to retain the assailants of said Tythron Z. Blue in custody at Long Lane School and prevent their escape therefrom and in failing to take action to return said assailants to Long Lane School after their escape. The state waives its immunity from liability and from suit in such action and waives all defenses which might arise from the eleemosynary or governmental nature of the activity complained of. The rights and liability of the state in such action shall be coextensive with and shall equal the rights and liability of private persons in like circumstances. The provisions of subsections (d) to (i), inclusive, of section 4-160 of the general statutes shall be applicable to such action.

Sec. 3. Notwithstanding the failure to file a proper notice of a claim against the state with the clerk of the Office of the Claims Commissioner, as required by section 4-147 of the general statutes, within the time limitations specified by subsection (a) of section 4-148 of the general statutes, Rosa Berube is authorized pursuant to the provisions of subsection (b) of section 4-148 of the general statutes to present her claim against the state to the Claims Commissioner for a hearing on its merits.

Approved June 12, 1996. Effective June 12, 1996.

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