Resolve, To Allow John Jorgensen To Sue the State
Maine Legislature, Session 123, LD 1966
Committee: Legal and Veterans Affairs
Sponsors: BENOIT

Legislative Document 
No. 1966 
S.P.760 
December 18, 2007 
Resolve, To Allow John Jorgensen To Sue the State 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator BENOIT of Sagadahoc. 
. 
JOY J. O'BRIEN 
Secretary of the Senate 
CosponSored by Representative PERCY of Phippsburg and RepreSentative: GOULD of South 
Berwick. 
Printed on recycled poper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the subject of this legislation is time sensitive and concerns the court 
system and may need to be addressed before the 90-day limit occurs; and 
Whereas, in tle judgment of the Legislature, these facts create an emergency \Vithin 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any 
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statute or common law to the contrary, John Jorgensen, who claims to have suffered 
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damages in connection with actions taken by the Department of Transportation, is 
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authorized to bring a civil action against the Department of Transportation. This resolve 
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is a waiver of the State's defense of immunity under the Maine Revised Statutes, Title 14, 
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chapter 74 I. 
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Notwithstanding the application of any statute of limitations barring this action, this 
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action must be brought in the Sagadahoc County Superior Court within one year from the 
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date this resolve takes effect. 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 shaH appear, answer 
and defend the action. 
To the extent possible, the Attorney General shaH conduct 
negotiations in good faith to resolve this action by settlement. 
The Treasurer of State shall pay any settlement determined by agreement of the 
parties or any judgement, including costs and interest, up to $4,000,000, on final process 
issued by the Superior Court or, if applicable, the Supreme Judicial Court. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve authorizes John Jorgensen to bring a civil action against the Department 
of Transportation for damages in connection with actions taken by the Department of 
Transportation. The resolve allows up to $4,000,000 in damages for injuries incurred in 
an accident that has already resulted in medical bills of nearly $600,000 for Mr. 
Jorgensen. 
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