HLS 22RS-370 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 218
BY REPRESENTATIVE BOURRIAQUE
APPROPRIATIONS/JUDGMENT: Appropriates funds for payment of a judgment against
the state in the suit entitled Victoria Roach v. State of La. et al. consolidated with
Michael Lee McVey and Norma Cheryl McVey v. State of La. et al.
1 AN ACT
2To appropriate monies out of the state general fund for Fiscal Year 2021-2022 to be used to
3 pay the amended judgment captioned "Victoria Roach v. State of Louisiana, Dept.
4 of Transportation and Development, et al consolidated with Michael Lee McVey and
5 Norma Cheryl McVey v. State of Louisiana, Department of Transportation and
6 Development, Allstate Insurance Company, State Farm Mutual Automobile
7 Insurance Company and Ryan A. Adams" against the state of Louisiana, through the
8 Department of Transportation and Development and in favor of Victoria Roach, and
9 against the state of Louisiana, through the Department of Transportation and
10 Development and in favor of Michael Lee McVey and Norma Cheryl McVey; to
11 provide for certain requirements and limitations; to provide for interest; to provide
12 for expenses and expert witness fees; to provide for court costs; to provide for an
13 effective date; and to provide for related matters.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. The sum of Seven Hundred Ninety-Four Thousand, Seven Hundred
16Twenty and 79/100 ($794,720.79) Dollars plus applicable interest is hereby payable out of
17the State General Fund (Direct) for Fiscal Year 2021-2022 for payment of the amended
18judgment captioned "Victoria Roach v. State of Louisiana, Dept. of Transportation and
19Development, et al consolidated with Michael Lee McVey and Norma Cheryl McVey v.
20State of Louisiana, Department of Transportation and Development, Allstate Insurance
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HB NO. 218
1Company, State Farm Mutual Automobile Insurance Company and Ryan A. Adams", signed
2on September 17, 2019, bearing Number 2014-4275, Division "D" consolidated with 2014-
34289, Division "D", on the docket of the Fourteenth Judicial District Court, parish of
4Calcasieu, state of Louisiana as amended by the Court of Appeal for the Third Circuit on
5September 22, 2021.
6 Section 2. Of the amount appropriated in Section 1 of this Act, an amount equal to
7the sum of Two Hundred and One Thousand Two Hundred Fifty-Five and No/100
8($201,255.00) Dollars is payable for damages, plus the sum of Forty-Five Thousand, Three
9Hundred and Fifty-Four and 30/100 ($45,354.30) Dollars for expenses and expert witness
10fees, plus the sum of Nine Thousand Two Hundred and Sixty and No/100 ($9,260.00)
11Dollars for court costs, plus interest on the sums from the date of judicial demand until paid
12as provided by law and the judgment, is hereby payable for the portion of the amended
13judgment against the state of Louisiana, through the Department of Transportation and
14Development, and in favor of Victoria Roach.
15 Section 3. Of the amount appropriated in Section 1 of this Act, an amount equal to
16the sum of Five Hundred and Four Thousand and No/100 ($504,000.00) Dollars for
17damages, plus the sum of Thirty-One Thousand Eight Hundred Ninety and 59/100
18($31,890.59) Dollars for expenses and expert witness fees, plus the sum of Two Thousand
19Nine Hundred and Sixty Dollars and 90/100 ($2,960.90) Dollars for court costs, plus interest
20on the sums from the date of judicial demand until paid as provided by law and the
21judgment, is hereby payable for the portion of the amended judgment against the state of
22Louisiana, through the Department of Transportation and Development, and in favor of
23Michael McVey and Norma McVey.
24 Section 4. A judgment may only be paid from this appropriation if it is final and shall
25be paid as to principal, court costs, and expert witness fees as awarded in the judgment.
26Interest shall be paid as provided by law and awarded in the judgment. If the provisions of
27the judgment conflict with the provisions of this Act, the provisions of the judgment shall
28be controlling. Any other provision of this Act not in conflict with the provisions of the
29judgment shall control. Payment shall be made only after presentation to the state treasurer
30of documentation required by the state treasurer. Further, the judgment shall be deemed to
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HB NO. 218
1have been paid on the effective date of this Act, and interest shall cease to run as of that date.
2 Section 5. This Act shall become effective upon signature by the governor or, if not
3signed by the governor, upon expiration of the time for bills to become law without signature
4by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
5vetoed by the governor and subsequently approved by the legislature, this Act shall become
6effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 218 Original 2022 Regular Session Bourriaque
Appropriates $255,869.30, plus applicable interest, out of the State General Fund (Direct)
for FY 21-22 for payment of the amended judgment captioned "Victoria Roach v. State of
Louisiana, Dept. of Transportation and Development, et al consolidated with Michael Lee
McVey and Norma Cheryl McVey v. State of Louisiana, Department of Transportation and
Development, Allstate Insurance company, State Farm Mutual Automobile Insurance
Company and Ryan A. Adams", against the state of Louisiana, through Department of
Transportation and Development, and in favor of Victoria Roach, bearing Number 2014-
4275, Division "D" consolidated with 2014-4289, Division "D", on the docket of the
Fourteenth Judicial District Court, parish of Calcasieu.
Appropriates $538,851.49, plus applicable interest, out of the State General Fund (Direct)
for FY 21-22 for payment of the amended judgment captioned "Victoria Roach v. State of
Louisiana, Dept. of Transportation and Development, et al consolidated with Michael Lee
McVey and Norma Cheryl McVey v. State of Louisiana, Department of Transportation and
Development, Allstate Insurance company, State Farm Mutual Automobile Insurance
Company and Ryan A. Adams", against the state of Louisiana, through Department of
Transportation and Development, and in favor of Michael and Norma McVey, bearing
Number 2014-4275, Division "D" consolidated with 2014-4289, Division "D", on the
docket of the Fourteenth Judicial District Court, parish of Calcasieu.
Proposed law provides relative to payment. Provides relative to conflicts between the
judgment and proposed law. Prohibits accrual of interest on the judgment as of the
effective date of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
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