LCO 4415 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00912-R01-
SB.docx
1 of 2
General Assembly Raised Bill No. 912
January Session, 2019
LCO No. 4415
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE CLAIM S AGAINST THE STATE OF PAUL
DEMARIA.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) Notwithstanding the failure to 1
file a proper notice of a claim against the state with the clerk of the 2
Office of the Claims Commissioner, within the time limitations 3
specified by subsection (a) of section 4-148 of the general statutes, Paul 4
DeMaria, as administrator of the estate of Sarah DeMaria and in his 5
individual capacity, is authorized pursuant to the provisions of 6
subsection (b) of section 4-148 of the general statutes to present his 7
claims against the state to the Claims Commissioner. The General 8
Assembly finds that there is a public purpose served by encouraging 9
accountable state government through the full adjudication of cases 10
involving persons who claim to have been injured due to the conduct 11
of state actors. The General Assembly further finds it just and equitable 12
that the time limitations provided for in subsection (a) of section 4-148 13
of the general statutes be tolled in a case such as this, involving a 14
claimant who alleges failure on the part of one or more state actors to 15
detect the presence of malignant mesothelioma in Sarah DeMaria, the 16 Raised Bill No. 912
LCO 4415 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00912-
R01-SB.docx }
2 of 2
decedent spouse of Paul DeMaria. The General Assembly further finds 17
that such authorization remedies an injustice done to Sarah DeMaria 18
and Paul DeMaria for which the state itself bears responsibility. The 19
General Assembly deems such authorization to be just and equitable 20
and finds that such authorization is supported by compelling equitable 21
circumstances and would serve a public purpose. Claims authorized 22
pursuant to this act shall be presented to the Claims Commissioner not 23
later than one year after the effective date of this section. 24
(b) The state shall be barred from setting up the failure to comply 25
with the provisions of sections 4-147 and 4-148 of the general statutes, 26
from denying that notice of the claim was properly and timely given 27
pursuant to sections 4-147 and 4-148 of the general statutes and from 28
setting up the fact that the claim had once been considered by the 29
Claims Commissioner, by the General Assembly or in a judicial 30
proceeding as defenses to such claims. 31
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
JUD Joint Favorable