House Bill 3029c1

    Florida House of Representatives - 1998             CS/HB 3029

        By the Committee on Civil Justice & Claims and
    Representative Thrasher





  1                      A bill to be entitled

  2         An act relating to Duval County; providing for

  3         the relief of Carrie A. Wilson; providing for

  4         an appropriation to reimburse Carrie A. Wilson,

  5         and her mother, Barbara Britt, for injuries

  6         sustained by Carrie A. Wilson as a result of

  7         the negligence of the Duval County School

  8         Board; providing an effective date.

  9

10         WHEREAS, on January 6, 1992, Carrie A. Wilson was a

11  14-year-old student at DuPont Junior High School in

12  Jacksonville, Florida, and

13         WHEREAS, at that time, Carrie was a bright, vivacious

14  member of the cheerleading squad, and

15         WHEREAS, on the morning of the first day back from the

16  Christmas break, when Carrie was on her way out an exterior

17  door to the science lab, with her arms full of books, she

18  happened to notice that a friend of hers was coming in the

19  door, so she stuck her foot up to stop the door, and

20         WHEREAS, Carrie's foot went through a pane of glass

21  that had been placed in the right-hand corner of the door,

22  which pane consisted of ordinary glass that an employee of the

23  school board had placed in the door, rather than installing

24  the safety glass that state law requires, and

25         WHEREAS, a lawsuit was brought in this matter, and,

26  during trial, it was proven that the school board had violated

27  chapter 6A-2 of the Florida Administrative Code, which

28  provides that all indoor glass must be 1/4-inch safety glass

29  or tempered glass, and

30         WHEREAS, the excuse offered at trial was that, during

31  the Christmas break, someone had broken a window and that,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 3029

    686-129-98






  1  since it was the policy of the school board not to give keys

  2  to its employees, they had to use whatever was on the truck,

  3  and

  4         WHEREAS, it was also proven that the employees knew

  5  that they had used the wrong glass and that they had failed to

  6  take any corrective action before the students returned to

  7  school after a 17-day Christmas break, even though the

  8  internal rules and regulations of the school board required

  9  them to make permanent repairs so as not to endanger the

10  students, and

11         WHEREAS, Carrie's injuries were catastrophic, in that

12  she severed both the main nerve and the artery in her leg; her

13  sciatic nerve was damaged; her foot has shrunk; her toes have

14  curled; she has had numerous complications due to infection;

15  and, on more than one occasion, physicians have recommended to

16  her mother, Barbara Britt, the removal of her daughter's leg

17  in order to expedite healing, and

18         WHEREAS, Carrie received excellent care in

19  Jacksonville, and there was testimony from physicians at

20  Nemours Childrens Hospital, as well as the Mayo Clinic and

21  University of Florida program at University Hospital, with

22  regard to the extent of her injuries, and

23         WHEREAS, Carrie's medical bills were well over

24  $100,000, and were unpaid because Barbara Britt's employer had

25  allowed the group coverage to lapse, and Ms. Britt has been

26  hounded for the past 4 years with regard to these medical

27  payments, and

28         WHEREAS, this matter was vigorously contested, and a

29  jury trial was held in August 1995, and

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    Florida House of Representatives - 1998             CS/HB 3029

    686-129-98






  1         WHEREAS, on August 29, 1995, a jury returned a verdict

  2  in the amount of $2,500,000 in favor of Barbara Britt and her

  3  daughter, Carrie A. Wilson, and

  4         WHEREAS, in subsequent court hearings, the jury verdict

  5  was reduced to $1,885,657, and

  6         WHEREAS, the Duval County School Board appealed the

  7  jury's award on both liability and damages, and, in February

  8  1997, the First District Court of Appeals affirmed the jury

  9  award on all issues, and

10         WHEREAS, the Duval County School Board has paid

11  $200,000 pursuant to section 768.28, Florida Statutes,

12  Florida's sovereign immunity statute, NOW, THEREFORE,

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  The facts stated in the preamble to this

17  act are found and declared to be true.

18         Section 2.  The Duval County School Board is authorized

19  and directed to appropriate and to pay Carrie A. Wilson the

20  amount of $1,350,000, reduced by $200,000 already paid by the

21  Duval County School Board to compensate her for injuries

22  sustained by Carrie A. Wilson due to the negligence of the

23  Duval County School Board.  The balance of $1,150,000 shall be

24  paid in four equal annual installments commencing 30 days

25  after the enactment of this act.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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