House Bill 2279

    Florida House of Representatives - 2000                HB 2279

        By the Committee on Claims and Representatives Cantens and
    Hill





  1                      A bill to be entitled

  2         An act relating to Volusia County; providing

  3         for the relief of Fred Fedorka; providing for

  4         an appropriation to compensate him for the

  5         death of his wife, Carol Fedorka, and for

  6         injuries he sustained as a result of the

  7         negligence of Volusia County; providing an

  8         effective date.

  9

10         WHEREAS, on March 5, 1997, at 1:45 p.m., Fred Fedorka

11  and his wife, Carol Fedorka, were operating motorcycles

12  traveling north on State Road A1A in Volusia County, and

13         WHEREAS, they had stopped their motorcycles in traffic

14  because the car traveling north in front of them was preparing

15  to make a left-hand turn, and

16         WHEREAS, while they were waiting for the car in front

17  of them to make the turn, a Volusia County public-works truck,

18  which was also traveling north, failed to stop and crashed

19  into the back of Fred and Carol Fedorka's motorcycles, and

20         WHEREAS, Carol Fedorka was transported by helicopter to

21  Halifax Medical Center, where, although every effort was made

22  to save her, she died 13 days later as a result of multiple

23  trauma in which almost every bone in her body had been broken,

24  and

25         WHEREAS, Fred Fedorka also suffered multiple injuries,

26  including fractures of the pubis, clavicle, nasal bone, C5

27  vertebra, ribs, and lumbar vertebra, lung contusion, tears in

28  the bladder and urethra, and open wounds to the face and ear,

29  and

30

31

                                  1

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






    Florida House of Representatives - 2000                HB 2279

    176-149A-00






  1         WHEREAS, Fred Fedorka was transported to Columbia

  2  Medical Center-Peninsula of Ormond Beach, and later

  3  transported to Halifax Medical Center, and

  4         WHEREAS, Fred Fedorka continues to suffer physical

  5  disabilities due to his catastrophic injuries, including

  6  numbness in the hands, restriction of motion in his left

  7  shoulder, loss of coordination and balance, loss of senses and

  8  motor skills in his lower extremities, disfiguring scars and a

  9  noticeable dent on the right side of his head, loss of part of

10  the right ear, significant back and neck pain, and constant

11  pain and burning during urination due to the tear in his

12  urethra, and

13         WHEREAS, medical bills for Carol Fedorka were in excess

14  of $239,000 and medical bills for Fred Fedorka were in excess

15  of $245,000, and

16         WHEREAS, Fred Fedorka's injuries will necessitate

17  future medical care, including future surgeries, and

18         WHEREAS, a lawsuit was filed against Volusia County,

19  which was scheduled for trial in September 1999, and

20         WHEREAS, as a result of mediation that was concluded on

21  July 28, 1999, the parties have reached an agreement to settle

22  this matter for a total of $1 million, and

23         WHEREAS, pursuant to the settlement reached at

24  mediation, Volusia County has paid the sum of $200,000, in

25  accordance with the statutory limits on waiver of sovereign

26  immunity provided under section 768.28, Florida Statutes, and

27         WHEREAS, pursuant to the settlement, Volusia County

28  will support the passage of a claim bill in the remaining

29  amount of $800,000, NOW, THEREFORE,

30

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

                                  2

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






    Florida House of Representatives - 2000                HB 2279

    176-149A-00






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

  2  act are found and declared to be true.

  3         Section 2.  Volusia County is authorized and directed

  4  to appropriate from funds of the county not otherwise

  5  appropriated and, after December 1, 2000, to draw a warrant in

  6  the sum of $800,000 for the use and benefit of Fred Fedorka as

  7  compensation for the death of his wife, Carol Fedorka, and as

  8  compensation for injuries he sustained due to the negligence

  9  of Volusia County.

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

11  law.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3