Exclusive right of action

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§ 5602. Exclusive right of action

(a) When the act or omission of an employee of the State acting within the scope of employment is believed to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the State of Vermont; and no such action may be maintained against the employee or the estate of the employee.

(b) This section does not apply to gross negligence or willful misconduct.

(c) As used in this chapter, "employee" means any person defined as a State employee by 3 V.S.A. § 1101. (Added 1961, No. 265, § 2, eff. Oct. 1, 1961; amended 1989, No. 114, § 2, eff. June 20, 1989.)


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