House Bill 3031c1

    Florida House of Representatives - 1998             CS/HB 3031

        By the Committee on Civil Justice & Claims and
    Representative Barreiro





  1                      A bill to be entitled

  2         An act relating to Metropolitan Dade County;

  3         providing for the relief of Adela Azcuy;

  4         providing for an appropriation to compensate

  5         her for injuries and damages sustained as a

  6         result of the negligence of Metropolitan Dade

  7         County; providing an effective date.

  8

  9         WHEREAS, on January 22, 1993, Adela Azcuy was working

10  in an office located at 567 Australian Way, in Miami, and

11         WHEREAS, on January 22, 1993, the maintenance and

12  safety of the office and premises located at 567 Australian

13  Way was the responsibility of Metropolitan Dade County, and

14         WHEREAS, because there was a defect in the floor of the

15  premises at 567 Australian Way, the defect being a steep slope

16  to the floor of the premises, the chair in which Adela Azcuy

17  was seated was caused to slide from underneath her, causing

18  Adela Azcuy to fall to the ground and sustain serious personal

19  injuries, and

20         WHEREAS, Metropolitan Dade County was negligent and

21  careless in its maintenance of the premises at 567 Australian

22  Way in that it failed to maintain the premises in a reasonably

23  safe condition, failed to warn Adela Azcuy of the defect in

24  the floor of the premises, and failed to inspect the premises

25  in a timely fashion, and

26         WHEREAS, as a direct and proximate result of the

27  negligence of Metropolitan Dade County, Adela Azcuy was

28  injured in and about her body and extremities, suffered neck

29  and back injuries and pain therefrom, suffered physical

30  handicaps, and suffered impaired working ability, and

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






    Florida House of Representatives - 1998             CS/HB 3031

    686-134-98






  1         WHEREAS, as a further direct and proximate result of

  2  the negligence of Metropolitan Dade County, Adela Azcuy has

  3  incurred medical bills for the care and treatment of injuries

  4  sustained, has suffered lost earnings and earning capacity,

  5  and has aggravated a known or unknown preexisting disease or

  6  physical defect, and

  7         WHEREAS, Adela Azcuy's injuries are either permanent or

  8  continuing in nature and Adela Azcuy will suffer losses and

  9  impairments in the future, and

10         WHEREAS, the injuries sustained by Adela Azcuy formed

11  the basis of legal action brought by Adela Azcuy against

12  Metropolitan Dade County, and

13         WHEREAS, on April 17, 1995, a final judgment was

14  entered in the Circuit Court of the 11th Judicial Circuit in

15  and for Dade County against Metropolitan Dade County and in

16  favor of Adela Azcuy in the amount of $256,415.61 plus

17  interest from the date of verdict, April 12, 1995, at the rate

18  of 8 percent per annum until satisfaction of the judgment, and

19         WHEREAS, on June 1, 1995, a cost judgment was entered

20  in favor of Adela Azcuy in the sum of $4,000 plus interest at

21  the rate of 8 percent per annum until satisfaction of the

22  judgment, and

23         WHEREAS, on July 6, 1995, a final judgment awarding

24  attorney's fees was entered in favor of Adela Azcuy in the

25  amount of $64,103.90 plus interest at the rate of 8 percent

26  per annum until satisfaction of the judgment, and

27         WHEREAS, on January 22, 1996, a final judgment taxing

28  appellate attorney's fees was entered in favor of Adela Azcuy

29  in the sum of $8,000, to accrue interest at the rate of 10

30  percent per annum until satisfied, and

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    Florida House of Representatives - 1998             CS/HB 3031

    686-134-98






  1         WHEREAS, the total amount of the judgment in favor of

  2  Adela Azcuy is $332,519.51 plus interest, and

  3         WHEREAS, Metropolitan Dade County has paid $100,000

  4  pursuant to section 768.28, Florida Statutes, in partial

  5  satisfaction of the final judgment, NOW, THEREFORE,

  6

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

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

10  act are found and declared to be true.

11         Section 2.  Metropolitan Dade County is authorized and

12  directed to appropriate from funds of the county not otherwise

13  appropriated and to draw a warrant in the sum of $144,000 in

14  case number 94-08893 CA 13, in favor of Adela Azcuy as

15  plaintiff and against Metropolitan Dade County as defendant.

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

17  law.

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