The corporation is, subject to the period of limitations set forth in § 9-1-25, liable in actions of tort only to the extent that those actions do not arise from the performance of any functions found or deemed to be essential or discretionary governmental functions. Any recovery in an action or any recovery by any person in one or more of any actions against the corporation, its directors, employees, or agents, shall not exceed one hundred thousand dollars ($100,000) per plaintiff in the absence of fraud or willful misconduct. In the absence of fraud or willful misconduct, the directors are not personally liable to any party on account of any action (whether tort or otherwise) arising from or related to the manner or terms of the disposition of the corporation's assets, nor shall the manner or terms of the disposition constitute a defense to any obligation owed to the corporation.
History of Section.
P.L. 2004, ch. 351, § 3; P.L. 2004, ch. 360, § 3.