Senate Bill 0032er

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





    ENROLLED

    1999 Legislature                          SB 32, 1st Engrossed



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  2         An act relating to Palm Beach County; providing

  3         for the relief of Jennifer Eubanks-Black, David

  4         Black, John Eubanks, and Ivy Dawn Eubanks, for

  5         injuries and damages sustained due to the

  6         negligence of the county; providing an

  7         effective date.

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  9         WHEREAS, on the night of March 19, 1992, Carolyn

10  Eubanks, a 44-year-old grandmother, was driving east on

11  Airport Road in Palm Beach County, accompanied by her

12  20-year-old daughter, Jennifer Eubanks-Black, and Jennifer's

13  two infant sons, Todd Allen Black and William Anthony Black,

14  and

15         WHEREAS, at the intersection of Airport Road and Sam

16  Senter Road, Mrs. Eubanks, despite the fact that she was

17  traveling at or below the posted speed limit, was unable to

18  negotiate the sudden and unexpected turn, and, unable to brake

19  sufficiently, she crashed into and through a previously

20  damaged guardrail, and her vehicle plunged into a canal, and

21         WHEREAS, Mrs. Eubanks and her two grandchildren

22  drowned, and Jennifer Black escaped, and

23         WHEREAS, a trial proceeded against Palm Beach County,

24  alleging failure to properly warn against an upcoming hazard

25  and failure to implement recommended changes at the

26  intersection, and

27         WHEREAS, the evidence introduced at trial included

28  documents indicating that the intersection where the accident

29  occurred was dangerous and had been characterized by county

30  employees and design professionals as "substandard," and

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




    ENROLLED

    1999 Legislature                          SB 32, 1st Engrossed



  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 Eubanks

  8  Black; David Black, the father of the decedent children; John

  9  Eubanks, the widower of Carolyn Eubanks; and Ivy Dawn Eubanks,

10  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

15  allowed under the sovereign immunity statute, which leaves a

16  balance owed of $610,000, and

17         WHEREAS, after payment of the sovereign immunity limit

18  of $200,000, the parties agreed to settle all outstanding

19  claims in this matter for $350,000, to be paid by Palm Beach

20  County pursuant to a claim bill, and

21         WHEREAS, the $350,000 settlement amount will be

22  apportioned as follows: for Jennifer Eubanks-Black in the

23  amount of $259,259.25; for John Eubanks in the amount of

24  $43,209.88; for Ivy Dawn Eubanks in the amount of $43,209.88;

25  and for David Black in the amount of $4,320.99, and

26         WHEREAS, Palm Beach County has agreed to support and

27  assist in the passage of such a claim bill, NOW, THEREFORE,

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

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




    ENROLLED

    1999 Legislature                          SB 32, 1st Engrossed



  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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