Resolve, to Allow Ronald Caron and Jenmfer Berube to Sue the State
Maine Legislature, Session 131, LD 1688
Committee Amendment CA_A_S403 (Senate)

COMMITTEE AMENDMENT "A " to SP 675, L D 1688, "Resolve, to Allow 
Ronald Caron and Jenmfer Berube to Sue the State" 
Amend the resolve by strikmg out the title and substitutmg the followmg 
'Resolve, to Allow Ronald Caron and Jenmfer Berube to Petition the Court for a 
Reevaluation of Damages' 
Amend the resolve by stnkmg out everythmg after the title and msertmg the followmg 
'Sec. 1. AuthorIZat1on to petition court. Resolved: That, notwithstandmg any 
provision of law or common law to the contrary, Ronald Caron and Jenmfer Berube, who 
sued the Department of Transportation m Superior Court under docket number CV-01-142 
and received a Judgment on August 14, 2003, may petition the court to reconsider the 
damages awarded m that case, based on the costs mcurred by Ronald Caron and Jenmfer 
Berube and damages suffered m connection with the motor vehicle accident underlymg 
that case 
Notwithstandmg the application of any statute of hmitat10ns barrmg the petition, the 
petition may be brought m the Superior Court withm one year from the effective date of 
this resolve L1abihty and damages, mcludmg pumtive damages, must be determmed 
accordmg to state law as m litigation between mdividuals The petit10n may be heard by a 
Justice of the Superior Court or by a Jury The Mame Rules of Civil Procedure govern the 
conduct of the petition To the extent possible, the Department of Transportation shall 
conduct negotiations m good faith to resolve this petition by settlement 
The Treasurer of State shall pay any settlement detennmed by agreement of the parties 
or any Judgment, mcludmg costs and mterest, upon fmal process issued by the Superior 
Court or, If applicable, the Supreme Judicial Court 
Sec. 2. Waiver of statutory limitations. Resolved: That limitations on damages 
pursuant to the Mame Revised Statutes, Title 14, section 8105, subsection 1 are waived for 
the petition described under section 1 ' 
COMMITTEE AMENDMENT 
Ros 
COMMITTEE AMENDMENT "fl" to SP 675, L D 1688 
Amend the resolve by relettermg or renumbermg any nonconsecutive Part letter or 
section number to read consecutively 
SUMMARY 
This amendment replaces the resolve and changes the title It authonzes Ronald Caron 
and Jenmfer Berube to petition the court to reconsider the damages awarded on August 14, 
2003 m Supenor Court under docket number CV-01-142, based on the costs mcurred by 
Ronald Caron and J enmfer Berube and damages suffered m connection with the motor 
vehicle accident underlymg that case 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/15/23 ftYaC!. 
LD 1688 
LR296(02) 
Resolve, to Allow Ronald Caron and Jenmfer Berube to Sue the State 
Fiscal Note for Bill as Amended by ComIIllttee Amendment "A' ($-l/bf;J 
Committee: Judiciary 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Potential current bienmum cost mcrease - Highway Fund 
Fiscal Detail and Notes 
This resolve authonzes Ronald Caron and J enmfer Berube to petlt10n the court to reconsider the damages prev10usly 
awarded based on the costs mcurred and damages suffered m connect10n with a motor vehicle accident If the 
plamtiffs are successful, it is assumed that any payment of addit10nal damages would come from the Highway Fund 
The amount and tnmng of any payment will not be lmown until the case is resolved 
The Department of the Attorney General and the Department of Transportat10n can absorb the additional costs of 
defendmg this claim withm existmg resources 
LR0296(02) - Fiscal Note - Page 1 of 1