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.

  9

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






    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,

29

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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