Senate Bill 0044er

    ENROLLED

    1998 Legislature                                         SB 44



  1

  2         An act relating to Manatee County; providing

  3         for the relief of Frank H. Holliday; providing

  4         for an appropriation to compensate him for

  5         injuries and damages sustained as a result of

  6         the negligence of the Manatee County Sheriff's

  7         Department; providing an effective date.

  8

  9         WHEREAS, on June 28, 1996, Frank Holliday was driving

10  his motorcycle south on 15th Street East in Manatee County,

11  and

12         WHEREAS, a vehicle in the northbound lane was stopped

13  waiting to turn left on 74th Avenue Drive East, and

14         WHEREAS, the roadway in this location consists of one

15  lane for southbound traffic and one lane for northbound

16  traffic, and

17         WHEREAS, as Frank Holliday's motorcycle approached 74th

18  Avenue Drive East, the vehicle which had stopped in the

19  northbound lane was struck from behind by a Manatee County

20  Sheriff's Department patrol car, whose operator failed to see

21  the stopped car, and

22         WHEREAS, the impact of this rear-end collision

23  propelled the vehicle which was stopped in the northbound lane

24  across the center line of the roadway and directly into the

25  path of Frank Holliday's motorcycle, which was traveling

26  southbound, and

27         WHEREAS, as a result of the accident, Frank Holliday's

28  left leg was crushed between the front bumper of that vehicle

29  and his motorcycle, and Frank Holliday was ejected onto the

30  roadway, and

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




    ENROLLED

    1998 Legislature                                         SB 44



  1         WHEREAS, Frank Holliday was rushed to Doctor's Hospital

  2  in Sarasota, but immediately thereafter was transported by

  3  helicopter to Bayfront Medical Center in St. Petersburg, due

  4  to the extreme injuries he suffered and his need for immediate

  5  surgeries, and

  6         WHEREAS, Frank Holliday sustained extremely serious

  7  injuries, including compound fractures of the left tibia and

  8  fibula, fracture of the left hip, dislocation of the left hip,

  9  fracture of the nose, facial lacerations, and multiple

10  abrasions, and

11         WHEREAS, Frank Holliday's initial hospitalization time

12  at Bayfront Medical Center was from June 28, 1996, through

13  July 12, 1996, during which time he underwent multiple

14  surgical procedures, including open reduction and internal

15  fixation of the fractures in his left leg, and

16         WHEREAS, these procedures involved installation of

17  surgical hardware inside the leg and outside of the leg to

18  stabilize the fracture sites, which surgical hardware remains

19  in Frank Holliday's left leg, and

20         WHEREAS, Frank Holliday sustained a non-union fracture

21  and additionally underwent hip surgery during his initial

22  hospitalization at Bayfront Medical Center, and

23         WHEREAS, Frank Holliday underwent followup surgery at

24  Bayfront Medical Center on November 11, 1996, during which

25  bone was grafted into the left leg fracture sites in an effort

26  to promote union of the bones, and

27         WHEREAS, Frank Holliday faces future surgery on the

28  left knee to address the knee injuries which, in combination

29  with the fractures, make it impossible for him to bear weight

30  or walk on the left leg, and

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




    ENROLLED

    1998 Legislature                                         SB 44



  1         WHEREAS, to date, Frank Holliday has incurred medical

  2  bills totaling approximately $118,000, and

  3         WHEREAS, Frank Holliday is unlikely to ever fully

  4  recover from his injuries and faces a long, painful course of

  5  rehabilitation as well as future surgical procedures, and

  6         WHEREAS, based on the clear injuries sustained by Frank

  7  H. Holliday, and in an effort to resolve this case without

  8  protracted and costly litigation, the claimant and Manatee

  9  County have approved a settlement of this claim in the amount

10  of $335,000, and

11         WHEREAS, Manatee County has paid Frank Holliday

12  $100,000, representing its statutory obligation under section

13  768.28, Florida Statutes, and

14         WHEREAS, Manatee County affirmatively supports the

15  passage of a claim bill for $235,000, which represents the

16  remaining amount of the claim, NOW, THEREFORE,

17

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

19

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

21  act are found and declared to be true.

22         Section 2.  The Manatee County Sheriff's Department is

23  authorized and directed to appropriate from funds of the

24  department not otherwise appropriated and to draw a warrant in

25  the sum of $235,000 payable to Frank H. Holliday as

26  compensation for injuries and damages sustained.

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

28  law.

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