House Bill 1111
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1111
By the Committee on Claims and Representative Ritter
1 A bill to be entitled
2 An act relating to Palm Beach County; providing
3 for the relief of Jennifer Eubanks-Black, John
4 Eubanks, Ivy Dawn Eubanks, and David Black;
5 providing for an appropriation to compensate
6 them for injuries and damages sustained due to
7 the negligence of Palm Beach County; providing
8 an effective date.
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10 WHEREAS, on the night of March 19, 1992, Carolyn
11 Eubanks, a 44-year-old grandmother, was driving east on
12 Airport Road in Palm Beach County, accompanied by her
13 20-year-old daughter, Jennifer Eubanks-Black, and Jennifer
14 Eubanks-Black's two infant sons, Todd Allen Black and William
15 Anthony Black, and
16 WHEREAS, at the intersection of Airport Road and Sam
17 Senter Road, Carolyn Eubanks, despite the fact that she was
18 traveling at or below the posted speed limit, was unable to
19 negotiate the sudden and unexpected turn, and, unable to brake
20 sufficiently, she crashed into and through a previously
21 damaged guardrail, and her vehicle plunged into a canal, and
22 WHEREAS, Carolyn Eubanks and her two grandchildren
23 drowned, and Jennifer Black escaped, and
24 WHEREAS, a trial proceeded against Palm Beach County,
25 alleging failure to properly warn against an upcoming hazard
26 and failure to implement recommended changes at the
27 intersection, and
28 WHEREAS, the evidence introduced at trial included
29 documents indicating that the intersection where the accident
30 occurred was dangerous and had been characterized by county
31 employees and design professionals as "substandard," and
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Florida House of Representatives - 1999 HB 1111
176-134-99
1 WHEREAS, evidence also revealed that recommendations
2 and plans for improving the safety of the intersection had
3 been approved by Palm Beach County but had never been
4 implemented and that the precautions contained in the approved
5 plan would have prevented this tragedy, and
6 WHEREAS, in June 1996, a jury returned a verdict
7 allocating $8.1 million in damages among Jennifer
8 Eubanks-Black; David Black, the father of the decedent
9 children; John Eubanks, the widower of Carolyn Eubanks; and
10 Ivy Dawn Eubanks, Carolyn Eubanks' youngest daughter, and
11 WHEREAS, in light of a finding of comparative
12 negligence, a final judgment in the amount of $810,000 was
13 entered against Palm Beach County, and
14 WHEREAS, the county has paid $200,000, the limit of
15 liability allowed under section 768.28, Florida Statutes,
16 Florida's sovereign immunity statute, which leaves a balance
17 owed of $610,000, and
18 WHEREAS, after payment of the sovereign immunity limit
19 of $200,000, the parties agreed to settle all outstanding
20 claims in this matter for $350,000, to be paid by Palm Beach
21 County pursuant to a claim bill, and
22 WHEREAS, the $350,000 settlement amount will be
23 apportioned as follows: for Jennifer Eubanks-Black in the
24 amount of $259,259.25; for John Eubanks in the amount of
25 $43,209.88; for Ivy Dawn Eubanks in the amount of $43,209.88;
26 and for David Black in the amount of $4,320.99, and
27 WHEREAS, Palm Beach County has agreed to support and
28 assist in the passage of such a claim bill, NOW, THEREFORE,
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30 Be It Enacted by the Legislature of the State of Florida:
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1111
176-134-99
1 Section 1. The facts stated in the preamble to this
2 act are found and declared to be true.
3 Section 2. Palm Beach County is authorized and
4 directed to appropriate from funds of the county not otherwise
5 appropriated and to draw a warrant in the sum of $259,259.25
6 payable to Jennifer Eubanks-Black to compensate her for
7 damages sustained as a result of the negligence of Palm Beach
8 County.
9 Section 3. Palm Beach County is authorized and
10 directed to appropriate from funds of the county not otherwise
11 appropriated and to draw a warrant in the sum of $43,209.88
12 payable to John Eubanks to compensate him for damages
13 sustained as a result of the negligence of Palm Beach County.
14 Section 4. Palm Beach County is authorized and
15 directed to appropriate from funds of the county not otherwise
16 appropriated and to draw a warrant in the sum of $43,209.88
17 payable to Ivy Dawn Eubanks to compensate her for damages
18 sustained as a result of the negligence of Palm Beach County.
19 Section 5. Palm Beach County is authorized and
20 directed to appropriate from funds of the county not otherwise
21 appropriated and to draw a warrant in the sum of $4,320.99
22 payable to David Black to compensate him for damages sustained
23 as a result of the negligence of Palm Beach County.
24 Section 6. This act shall take effect upon becoming a
25 law.
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