Senate Bill 0040e1

    SB 40                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the City of Tallahassee;

  3         providing for the relief of Warren Weathington

  4         and his father, Carl Weathington, for injuries

  5         sustained as a result of the negligent conduct

  6         of tennis pros employed by the City of

  7         Tallahassee; providing for an appropriation by

  8         the City of Tallahassee; providing an effective

  9         date.

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

12  Weathington was a participant in the Tournament Tough Training

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

14  the care of the City of Tallahassee tennis pro employees, and

15         WHEREAS, during the training session on that date,

16  Warren Weathington was using a piece of training equipment

17  known as the Viper, which was purchased, maintained, and put

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

19  of the 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 city's employees' improper

24  attachment of the Viper training device to a chain link fence,

25  the metal hood became a dangerous missile that flew through

26  the air and impacted Warren Weathington's head, lodged into

27  his skull, and penetrated his brain tissue, and

28         WHEREAS, Warren Weathington survived the accident but

29  has sustained permanent serious brain damage as a result of

30  the traumatic brain injury, and

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






    SB 40                                    First Engrossed (ntc)



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

  2  behalf of Warren Weathington and his father in Circuit Court

  3  in Leon County, and

  4         WHEREAS, in April of 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, and

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

  8  Judgment was entered against the City of Tallahassee in the

  9  amount of $1,005,000 for Warren Weathington and $11,348.77 for

10  his father, Carl Weathington, and

11         WHEREAS, the court also entered a cost judgment in the

12  amount of $23,173.89 in favor of Warren Weathington, and

13         WHEREAS, the City of Tallahassee has paid nothing to

14  either Warren Weathington or his father, Carl Weathington,

15  NOW, THEREFORE,

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

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19         Section 1.  The facts as stated in the preamble to this

20  act are found and declared to be true.

21         Section 2.  The City of Tallahassee is authorized and

22  directed to appropriate from the funds of the city not

23  otherwise appropriated and to draw warrants in the sum of

24  $750,000.00 from which the costs and attorneys' fees shall be

25  paid up front. The remaining amount shall be used to purchase

26  an annuity for the lifetime of the plaintiff, Warren

27  Weathington, with a guarantee of 25 years certain. Such sums

28  include the amount payable from the city pursuant to section

29  768.28, Florida Statutes, Florida's sovereign immunity

30  statute.

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






    SB 40                                    First Engrossed (ntc)



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

  2  law.

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