Florida Senate - 2009 (Reformatted) SB 38
By Senator Baker
20-00146-09 200938__
1 A bill to be entitled
2 An act for the relief of the Estate of Dr. Sherrill
3 Lynn Aversa; providing an appropriation to compensate
4 the Estate of Dr. Sherrill Lynn Aversa for Dr.
5 Aversa's death as result of the negligence of the
6 Department of Transportation; providing for attorney's
7 fees and costs; providing a limitation on the payment
8 of fees and costs; providing an effective date.
9
10 WHEREAS, on June 21, 1999, an employee of the Department of
11 Transportation was driving a departmental truck northbound on
12 Interstate 75 in Hillsborough County, Florida, and
13 WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having
14 completed an interview with the University of South Florida
15 Medical School, was traveling south on Interstate 75, and
16 WHEREAS, by departmental policy, employees of the
17 department are required to ensure that all items used by the
18 department and stored on the truck are appropriately secured to
19 the truck, and
20 WHEREAS, one such item used by the department and stored on
21 the truck was a 12-foot extension ladder stored on the top of
22 the truck, and
23 WHEREAS, the department's employee failed to ensure that
24 the ladder was secured to the truck before leaving the
25 department's maintenance yard, and
26 WHEREAS, thereafter, while the employee traveled northbound
27 on Interstate 75, the extension ladder flew from the roof of the
28 truck into the northbound traffic following the department's
29 truck, and
30 WHEREAS, the driver to the rear of the department's truck
31 swerved to avoid hitting the extension ladder which came
32 directly at the driver in her lane of Interstate 75, and
33 WHEREAS, as a result of the swerving movements, the driver
34 of the car behind the department's truck lost control of her
35 vehicle, veered to the left, crossed the Interstate 75 median,
36 and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,
37 and
38 WHEREAS, as a result of these events, the Estate of Dr.
39 Aversa brought suit against the Department of Transportation for
40 the negligence causing the death of Dr. Aversa, and
41 WHEREAS, after 3 years of litigation, the department
42 admitted liability for the accident and agreed to settle the
43 case, and
44 WHEREAS, the parties agreed to a consent judgment solely
45 against the department, with no comparative negligence finding
46 against any other party, in the amount of $797,500, an
47 WHEREAS, the Department of Transportation has paid $100,000
48 to the Estate of Dr. Sherrill Lynn Aversa under the statutory
49 limits of liability set forth in s. 768.28, Florida Statutes,
50 NOW, THEREFORE,
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. The facts stated in the preamble to this act are
55 found and declared to be true.
56 Section 2. The sum of $697,500 is appropriated from the
57 General Revenue Fund to the Department of Transportation, which
58 amount includes attorney's fees and costs, as compensation to
59 the Estate of Dr. Sherrill Lynn Aversa for the death of Dr.
60 Aversa.
61 Section 3. The Chief Financial Officer is directed to draw
62 a warrant in favor of the Estate of Dr. Sherrill Lynn Aversa in
63 the sum of $697,500 upon funds of the Department of
64 Transportation not otherwise encumbered, and the Chief Financial
65 Officer is directed to pay the same out of such funds in the
66 State Treasury.
67 Section 4. This award is intended to provide the sole
68 compensation for all present and future claims arising out of
69 the factual situation described in this act which resulted in
70 the death of Dr. Sherrill Lynn Aversa. The total amount paid for
71 attorney's fees, lobbying fees, costs, and other similar
72 expenses relating to this claim may not exceed 25 percent of the
73 amount awarded under this act.
74 Section 5. This act shall take effect upon becoming a law.