CHAPTER 515

AN ACT for the relief of Mrs. Elsie S. Carstens and others.

[S 276]
Approved March 30, 1956

Whereas, Theodore Frederick Carstens, the fourteen year old son of
Mrs. Elsie S. Carstens, was, on the 18th day of November, 1955, assaulted
CHS. 515, 516] ACTS OF ASSEMBLY 729

by another patient at the Eastern State Hospital, namely, Roy Sexton,
and died as a result of injuries inflicted in said assault on the 20th day of
November, 1955; and

Whereas, Mrs. Elsie S. Carstens, the mother, suffered great loss,
bereavement and mental anguish by the death of Theodore Frederick
Carstens, and in addition, expended large sums for funeral expenses and
the conclusion of the affairs of the deceased; and
Whereas, it appears that the said assault might not have occurred
had a sufficient number of attendants been employed to work at the hos-
pital, or if those attendants who were on duty had been present on the
scene at the time of said assault, or even if either of said patients had
been assigned to the proper institution; and

Whereas, Mrs. Elsie S. Carstens has been heartlessly deprived of her
son, and she and others have suffered great loss upon the death of Theodore
Frederick Carstens, killed by the action of the said Roy Sexton, for all of
which they have no remedy at law against the Commonwealth of Virginia
and there is no means by which they can be compensated for their loss;
now, therefore,

Be it enacted by the General Assembly of Virginia:

1. That there is appropriated from the general fund of the State treasury
the sum of one thousand dollars as compensation for the death of Theodore
Frederick Carstens, to be paid on warrant of the Comptroller drawn on
the State Treasurer, as provided by law, into the circuit court of the city
of Norfolk for distribution as hereinafter provided:

(1) The court shall direct the payment of all proper costs incident
to such distribution. The court shall then direct in what proportion the
remainder shall be distributed to the surviving mother, Mrs. Elsie S.
Carstens, the surviving father, John R. Carstens, and the brothers and
sisters, if any, of the deceased. In determining the share of the distribu-
tees, however, the court shall give due consideration to all reasonable and
proper medical, hospital and funeral expenses incident to the death of
Theodore Frederick Carstens which shall have been paid or advanced by
any such distributee.