CHAPTER 453

FORMERLY HOUSE BILL

NO. 743

AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO DOMINICK E. SCATASTI, TO ENABLE HIM TO SATISFY AN OUTSTANDING JUDGEMENT.

WHEREAS, Dominick E. Scatasti rendered honorable, commendable and faithful duty to this State while serving as a private first class in the Delaware National Guard; and

WHEREAS, Private Scatasti received a back injury in a motor vehicle collision while on duty in support of civil authorities in the City of Wilmington on May 12, 1968; has thereby been permanently disabled so as to greatly limit his capacity to earn a living for his family and to enjoy life; is in constant pain; and is, and will be for the remainder of his life, in frequent need of medical treatment; and

WHEREAS, as a result of the accident, Dominick E. Scatasti was without income during eighteen months and incurred heavy medical expenses; and

WHEREAS, under Delaware law, Dominick E. Scatasti is not entitled to a disability pension; and

WHEREAS, the State of Delaware obtained a judgment against Dominick E. Scatasti, in the Superior Court, in and for New Castle County, in Civil Action No. 116, 1971, in the amount of $6,000, including interest and costs, for reimbursement to the State for payments for medical treatment and for Workmen's Compensation; and said judgment is a lien on Dominick E. Scatasti's home.

NOW THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (three fourths of all the members elected to each house thereof concurring therein):

Section 1. The sum of $6,000 or so much thereof as is

necessary to satisfy the judgment debt of Dominick E. Scatasti in Superior Court Civil Action No. 116, 1971, including interests and costs, is hereby appropriated to the said Dominick E. Scatasti for the purpose only of satisfying fully the said judgment debt including costs and interests.

Section 2. This act is a supplementary appropriation and the funds hereby appropriated shall be paid from the General Fund of the State of Delaware from monies not otherwise appropriated.

Section 3. The funds hereby appropriated remaining unexpended on June 30, 1972, shall revert to the General Fund of the State of Delaware.

Section 4. None of the amount appropriated herein shall be considered income of the said Dominick E. Scatasti for state income tax purpose.

Section 5. This appropriation shall constitute a full and complete discharge of any financial obligation the State of Delaware may have or have had to the said Dominick E. Scatasti arising out of his accident of 12 May 1968 or for his expenses related thereto. Nor shall the State be liable to recompense the said Dominick E. Scatasti for any additional medical, legal, or other expenses of any kind not covered by this appropriation.

Section 6. This act shall not be construed to obligate the State to any person other than the said Dominick E. Scatasti or for any purpose other than to satisfy the obligation to which reference is made herein. This act shall not be construed to cause the State to acknowledge any liability not otherwise specifically imposed by law. Nor shall this act be construed as waiving the State's immunity from suit in any manner not heretofore provided by law.

Approved June 23, 1972.