House Bill 0033c1

    Florida House of Representatives - 1999               CS/HB 33

        By the Committee on Claims and Representative Sembler






  1                      A bill to be entitled

  2         An act relating to the City of Tallahassee;

  3         providing for the relief of Warren Weathington

  4         for injuries sustained as a result of the

  5         negligent conduct of employees of the City of

  6         Tallahassee; providing for an appropriation by

  7         the City of Tallahassee; providing an effective

  8         date.

  9

10         WHEREAS, on September 15, 1993, 15-year-old Warren

11  Weathington was a participant in the Tournament Tough Training

12  Camp run by the City of Tallahassee, and as such was placed in

13  the care of tennis professionals who were employees of the

14  City of Tallahassee, and

15         WHEREAS, during the training session on September 15,

16  1993, Warren Weathington was using a piece of equipment known

17  as the "Viper," which was purchased, maintained, and put into

18  use in an improper fashion on that day by the employees of the

19  City of Tallahassee, and

20         WHEREAS, the Viper training device utilizes an elastic

21  rubber hose attached to a metal hook on one end and a belt on

22  the other end, and

23         WHEREAS, due to the improper attachment of the Viper

24  training device to a chain link fence by employees of the City

25  of Tallahassee, the metal hook on the Viper training device

26  became a dangerous missile that flew through the air and

27  impacted Warren Weathington's head, lodged into his skull, and

28  penetrated his brain tissue, and

29         WHEREAS, Warren Weathington survived the accident but

30  has sustained permanent serious brain damage as a result of

31  the traumatic brain injury, and

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






    Florida House of Representatives - 1999               CS/HB 33

    176-143-99






  1         WHEREAS, on January 7, 1994, a complaint was filed on

  2  behalf of Warren Weathington and his father, Carl Weathington,

  3  in the Circuit Court for Leon County, Case No. 94-75, and

  4         WHEREAS, in April 1998, the case was tried before a

  5  jury that found the City of Tallahassee negligent and awarded

  6  damages to Warren Weathington and his father, Carl

  7  Weathington, and

  8         WHEREAS, pursuant to the jury's verdict, a Final

  9  Judgment was entered by the circuit court in the amount of

10  $1,005,000 for Warren Weathington and in the amount of

11  $11,348.77 for Carl Weathington, and

12         WHEREAS, on June 18, 1998, a cost judgment in the

13  amount of $23,173.89 was entered for Warren Weathington, and

14         WHEREAS, the City of Tallahassee has paid nothing to

15  either Warren Weathington or his father, Carl Weathington,

16  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 City of Tallahassee is authorized and

23  directed to appropriate from funds of the city not otherwise

24  appropriated and to draw a warrant in the sum of $750,000

25  payable to Warren Weathington. After payment of attorneys'

26  fees and costs, the remaining amount shall be used to purchase

27  an annuity for the lifetime of Warren Weathington, such

28  annuity to be guaranteed for 25 years.

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

30  law.

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