Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: HJ-78
RESOLUTION CONFIRMING THE DECISION OF THE CLAIMS
Title: COMMISSIONER TO DISMISS CERTAIN CLAIMS AGAINST THE STATE.
Vote Date: 4/8/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/26/2021
File No.: 601
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Judiciary Committee
REASONS FOR BILL:
The bill confirms the Claims Commissioners order to deny American Rock Salt Company,
LLC, claim against the state.
Substitute Language:
The substitute language consolidated the claims of 14 claimants into one resolution for
efficiency and simplicity due to the volume of claim denial confirmations.
RESPONSE FROM ADMINISTRATION/AGENCY:
None stated.
NATURE AND SOURCES OF SUPPORT:
None stated.
NATURE AND SOURCES OF OPPOSITION:
Berkowitz and Hanna LLC, Russell J. Berkowitz Esq./Emily G. Chumas Esq. opposes HJ 78
(Section 2 of the substitute language) on behalf of their client Carline Aristhene. They state
the procedural history of this case which involves the claimant's 15-year-old daughter
Kaydriene, who collapsed and died in the cafeteria of J.M. Wright Technical High School, a
state-run high school, on October 21, 2016. It is stated that Ms. Aristhene filed a notice of
claim with the Claims Commissioner on October 17, 2017, and the State responded with a
motion to dismiss. It is stated that three years later, the Commissioner granted the State's
motion. It is also stated that they believe that the Commissioner utilized the wrong standards
under the State's statutes and case law when dismissing Ms. Aristhene's claim. It is stated
that they requested the Committee to vacate the Commissioner's decision and allow this
claim against the State to proceed. It is also stated that should the Claims Commissioner's
decision to grant the State's Motion to Dismiss be confirmed, they request in the alternative
that Ms. Aristhene's claim be authorized pursuant to 4-148 (b).
Reported by: Peter B. Andrews Date: April 22, 2021
Page 2 of 2 HJ-78