CHAPTER 438

AN ACT APPROPRIATING FUNDS FOR PAYMENT OF JUDGMENTS OF COASTAL TANK LINES, INC., AGAINST THE STATE OF DELAWARE ARISING OUT OF A SUIT IN TORT BY ALICE B. DORSEY AND OTHERS AGAINST THE STATE OF DELAWARE AND OTHERS, AUTHORIZED BY THE GENERAL ASSEMBLY BY VOLUME 50, LAWS OF DELAWARE, CHAPTER 622.

WHEREAS, Alice B. Dorsey, Leighton S. Dorsey, Beatrice P. Dorsey and William G. Dorsey sustained injuries and damages arising out of a collision with a vehicle of the Delaware National Guard on August 2, 1955; and

WHEREAS, by Volume 50, Laws of Delaware, Chapter 622, the General Assembly waived the sovereign immunity of The State of Delaware in order to permit the above-named persons and Coastal Tank Lines, Inc., a Delaware corporation, to bring a suit in tort against The State of Delaware for damages arising out of the collision; and

WHEREAS, on December 7, 1957, judgments were entered after trial by jury against The State of Delaware and Coastal Tank Lines, Inc., in the aggregate amount of One Hundred Thirteen Thousand Five Hundred Ninety-five Dollars ($113,595.00) with interest at 6%; and it was also determined that The State of Delaware was 50% at fault and that its pro rata share of the common liability was 50%; and

WHEREAS, The State of Delaware has failed to pay its pro rata share of the common liability and Coastal Tank Lines, Inc., has been required to discharge this common liability and has thereupon become entitled to and has obtained a judgment in favor of Coastal Tank Lines, Inc., against The State of Delaware in the sum of Sixty-one Thousand Four Hundred Sixteen Dollars and Eighty-three Cents ($61,416.83), which judgment was entered of record in the Superior Court of the State of Delaware in and for New Castle County in Judgment Record G-8-217 on June 15, 1959; and

WHEREAS, interest at the rate of 6% has accrued upon said judgment in the amount of Five Thousand Five Hundred Twenty-seven Dollars and Forty-four Cents ($5,527.44);- and

WHEREAS, by Order of the Superior Court dated July 18, 1960, a further judgments for costs and witness fees was entered against The State of Delaware and Coastal Tank Lines, Inc., on which judgment The State of Delaware is obligated to reimburse Coastal Tank Lines, Inc., in the amount of Three Hundred Fifty-one Dollars ($351.00); and

WHEREAS, the total sum of Sixty-seven Thousand Two Hundred Ninety-five Dollars and Twenty-seven Cents ($67,295.27) remains outstanding and unpaid by The State of Delaware; NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The State Treasurer is hereby directed to pay to Coastal Tank Lines, Inc., a Delaware corporation, within thirty (30) days from the passage of this Act the sum of Sixty-seven Thousand Two Hundred Ninety-five Dollars and Twenty-seven Cents) in full payment and satisfaction of the judgments of Coastal Tank Lines, Inc., against The State of Delaware.

Section 2. This Act is a supplementary appropriation and the monies hereby appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware.

Approved December 6, 1962.

Resolutions