Senate Bill 0034

    Florida Senate - 2000        (NP)                        SB 34

    By Senator Childers





    32-78B-00

  1                      A bill to be entitled

  2         An act relating to Gulf County; providing for

  3         the relief of Elizabeth Linton, as personal

  4         representative of the estate of her father,

  5         Harold Armstrong; providing an appropriation in

  6         compensation for the death of Mr. Armstrong as

  7         a result of the negligence of Gulf County;

  8         providing an effective date.

  9

10         WHEREAS, on November 11, 1994, Harold Armstrong, a

11  father of eight children, was part of a crew that was working

12  at the Five Points Landfill in Gulf County to clean up debris

13  and trash that had resulted from the storm named Alberto, and

14         WHEREAS, while Mr. Armstrong was working on one side of

15  a pile that was 6-8 feet high and 10-12 feet wide, an employee

16  of Gulf County was operating a bulldozer on the other side of

17  the pile, and, assuming that there was no one behind the pile

18  of debris, the bulldozer operator plowed it down, causing the

19  pile to fall on Harold Armstrong, drag him for nearly 40 feet,

20  and bury him alive, and

21         WHEREAS, Mr. Armstrong was extricated from the debris,

22  where he was found upside down in a fetal position with one

23  side of his chest caved in, and rushed by ambulance to Gulf

24  Pines Hospital, where his condition was stabilized so that he

25  could be transferred to Bay Medical Center in Panama City, and

26         WHEREAS, Mr. Armstrong's condition deteriorated en

27  route to Panama City, and, despite the best efforts of the

28  doctors, he died, and

29         WHEREAS, in the subsequent legal action based on this

30  matter, evidence established that Harold Armstrong's death had

31  been preventable and that he was killed because Gulf County

                                  1

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






    Florida Senate - 2000        (NP)                        SB 34
    32-78B-00




  1  had no safety procedures in place to prevent such an accident,

  2  and

  3         WHEREAS, after hearing all the evidence at a jury trial

  4  in April 1999, a Gulf County jury found the county 100 percent

  5  at fault for the death of Harold Armstrong, found no

  6  comparative negligence on the part of Mr. Armstrong, and

  7  awarded damages in the amount of $2,007,184.92, and

  8         WHEREAS, at all times, Gulf County has refused to

  9  mediate or negotiate a reasonable settlement, and

10         WHEREAS, after the county has paid $200,000 pursuant to

11  its obligation under section 768.28, Florida Statutes, the

12  remaining excess-judgment amount owed will be $1,807,184.92,

13  NOW, THEREFORE,

14

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

16

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

18  act are found and declared to be true.

19         Section 2.  Gulf County is authorized and directed to

20  compensate Elizabeth Linton, personal representative of the

21  estate of her deceased father, Harold Armstrong, in the amount

22  of $1,807,184.92, out of the funds of the county not otherwise

23  appropriated, for injuries and damages sustained due to the

24  negligence of the county.

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

26  law.

27

28

29

30

31

                                  2