NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1066

HOUSE BILL 1049

 

 

AN ACT TO PERMIT S. G. GILLIAM, ADMINISTRATOR OF NORMA E. MADAK, DECEASED, TO FILE AND PROSECUTE A CLAIM AGAINST THE NORTH CAROLINA STATE HIGHWAY COMMISSION PURSUANT TO CERTAIN PROVISIONS OF THE NORTH CAROLINA TORT CLAIMS ACT.

 

WHEREAS, on the evening of December 27, 1957, Norma E. Madak, her husband and one David King were proceeding North in an automobile on U. S. Highway No. 1 on a newly constructed portion of said highway which bypasses Henderson, North Carolina; and

WHEREAS, the automobile in which the abovenamed persons were riding left the paved portion of Highway No. 1 and crashed, resulting in the death of Norma E. Madak; and

WHEREAS, the Administrator of Norma E. Madak sued the construction company which had built the highway, being under the impression that that portion of the newly constructed highway had not been accepted by the North Carolina State Highway Commission under the terms of the construction contract; and

WHEREAS, the Administrator of Norma E. Madak failed to successfully prosecute the action against the construction company; and

WHEREAS, Norma E. Madak's Administrator, through no fault of his own, allowed the statutory period set forth in G. S. 143-299 for filing tort claims against the North Carolina State Highway Commission to expire; and

WHEREAS, as a result, Norma E. Madak's Administrator now has no legal remedy under existing law and other means of prosecuting a claim on behalf of Norma E. Madak: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. For the purpose of allowing the Administrator of Norma E. Madak to make a final determination of the claim arising out of the accident set forth in the above preamble, the provisions of G. S. 143-299 are hereby suspended.

Sec. 2. The Administrator of Norma E. Madak shall have six (6) months from the date of the ratification of this Act in which to institute a tort claim against the North Carolina State Highway Commission, and if no claim be filed on behalf of Norma E. Madak within said six (6) months, such claim will be forever barred.

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1963.