Senate Bill 0048

    Florida Senate - 1999        (NP)                        SB 48

    By Senator Sullivan





    22-48A-99

  1                      A bill to be entitled

  2         An act relating to the City of Clearwater;

  3         providing for the relief of Paul W. Gilfoyle,

  4         through his guardian Anne-Marie Cheroke

  5         Lindsey, for damages sustained in a collision

  6         with a police car driven by a city patrolman;

  7         providing an effective date.

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  9         WHEREAS, on September 5, 1993, Paul W. Gilfoyle

10  sustained multiple injuries, including a closed head injury,

11  as a result of a motor vehicle accident between a vehicle that

12  he was operating and a police vehicle owned by the City of

13  Clearwater, Florida, and driven by patrolman Alan Whitacre,

14  which accident occurred at the intersection of U.S. 19 and

15  Drew Street in Clearwater, Pinellas County, Florida, and

16         WHEREAS, as a result of the accident, Paul W. Gilfoyle

17  was rendered totally incapacitated, and a court has appointed

18  Anne-Marie Cheroke Lindsey as plenary guardian of Mr.

19  Gilfoyle's person and property, and

20         WHEREAS, the parties entered into a settlement

21  agreement in the amount of $325,000, of which the City of

22  Clearwater is to pay the statutory limit of $100,000 by means

23  of a check made payable to Anne-Marie Cheroke Lindsey as

24  guardian of Paul W. Gilfoyle; Daniel Newman, attorney; and

25  Florida Health Sciences Center, and

26         WHEREAS, the city has also agreed to support a claim

27  bill for the remaining $225,000, 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.






    Florida Senate - 1999        (NP)                        SB 48
    22-48A-99




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

  2  act are found and declared to be true.

  3         Section 2.  The City of Clearwater is authorized and

  4  directed to compensate Anne-Marie Cheroke Lindsey, as guardian

  5  of Paul W. Gilfoyle, in the amount of $225,000 for injuries

  6  and damages sustained in a collision between an automobile

  7  driven by Mr. Gilfoyle and a police car driven by a City of

  8  Clearwater patrolman, such compensation to be paid out of

  9  funds of the city not otherwise allocated and to be used to

10  pay legal fees incurred on Mr. Gilfoyle's behalf as a result

11  of such accident and to fund a special needs trust for the

12  future care of Mr. Gilfoyle.

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

14  law.

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