Senate Bill 0040e2

    SB 40                                         Second Engrossed



  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 the City of Tallahassee tennis pro employees, and

14         WHEREAS, during the training session on that date,

15  Warren Weathington was using a piece of training equipment

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

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

18  of the City of Tallahassee, and

19         WHEREAS, the Viper training device utilizes an elastic

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

21  the other end, and

22         WHEREAS, due to the city's employees' improper

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

24  the metal hood became a dangerous missile that flew through

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

26  his skull, and penetrated his brain tissue, and

27         WHEREAS, Warren Weathington survived the accident but

28  has sustained permanent serious brain damage as a result of

29  the traumatic brain injury, and

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






    SB 40                                         Second Engrossed



  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, on October 16, 1998, the City of Tallahassee

14  paid the claimant $100,000, pursuant to the limits of

15  liability set forth in s. 768.28, Florida Statutes, NOW,

16  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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