House Bill 0529c1

    Florida House of Representatives - 2000              CS/HB 529

        By the Committee on Claims and Representative Hill






  1                      A bill to be entitled

  2         An act relating to the City of Port St. Lucie;

  3         providing for the relief of J. C. Wendehake;

  4         providing for an appropriation to compensate

  5         him for injuries sustained as a result of the

  6         negligence of the City of Port St. Lucie;

  7         providing an effective date.

  8

  9         WHEREAS, on January 25, 1991, J. C. Wendehake, who was

10  16 years old, was the back-seat passenger in a vehicle driven

11  by Lynn Amandro which was headed west on Port St. Lucie

12  Boulevard, and

13         WHEREAS, at the same time, a police officer of the City

14  of Port St. Lucie was operating a city-owned police vehicle

15  that was headed east on Port St. Lucie Boulevard, and

16         WHEREAS, while traveling west, the Amandro vehicle made

17  a left-hand turn across Port St. Lucie Boulevard, and

18         WHEREAS, at that time, the police vehicle traveling in

19  the eastbound lane collided with the Amandro vehicle, with the

20  brunt of the collision affecting the rear-passenger side of

21  the vehicle where J. C. Wendehake was riding, and

22         WHEREAS, at the time of the accident, it was dark, the

23  road was wet from rain, and there were several orange traffic

24  signs indicating that the road was under construction and that

25  vehicles should exercise caution, and

26         WHEREAS, because of the road construction, the speed

27  limit on the road had been reduced from 40 mph to 30 mph in

28  the area where the accident occurred, and

29         WHEREAS, the police officer admitted that he was

30  traveling at a speed of between 35 and 40 mph, which was in

31  excess of the posted speed limit of 30 mph, and

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






    Florida House of Representatives - 2000              CS/HB 529

    176-153-00






  1         WHEREAS, as a result of the accident, J. C. Wendehake

  2  suffered severe and life-threatening injuries, including a

  3  closed head injury, permanent brain damage, a broken leg, and

  4  a punctured lung, and

  5         WHEREAS, J. C. Wendehake was in a coma for 1 week and

  6  then spent a few months at an inpatient rehabilitation clinic

  7  before going home to his family, and

  8         WHEREAS, as a result of his closed head injury and

  9  permanent brain damage, J. C. Wendehake suffers from severe

10  memory loss, including loss of all memory of his life prior to

11  the accident, as well as difficulty remembering simple tasks

12  without prompting from his family, and

13         WHEREAS, the physician who oversaw J. C. Wendehake's

14  lengthy rehabilitation has opined that J. C. has a minimum

15  50-percent impairment of the body as a whole, and

16         WHEREAS, J. C. Wendehake has incurred past medical

17  expenses of more than $250,000 and will need future medical

18  care, including at least one total hip replacement in the

19  future, and

20         WHEREAS, as a result of his injuries, J. C. Wendehake

21  is unable to enjoy the activities that he enjoyed before the

22  accident and has become depressed over his "deficiencies," and

23         WHEREAS, a lawsuit was filed against the City of Port

24  St. Lucie, and

25         WHEREAS, expert testimony during the trial established

26  that if the police officer had been operating his vehicle

27  within the posted speed limit, the accident might not have

28  occurred, and

29         WHEREAS, after 3 days of trial, a jury rendered a

30  verdict against the City of Port St. Lucie and in favor of J.

31  C. Wendehake in the amount of $1,300,000, and

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    Florida House of Representatives - 2000              CS/HB 529

    176-153-00






  1         WHEREAS, the City of Port St. Lucie did not appeal the

  2  verdict and has paid $100,000 pursuant to the limits of

  3  liability set forth in section 768.28, Florida Statutes, and

  4         WHEREAS, the parties have reached a settlement wherein

  5  the city agrees to pay J. C. Wendehake $75,000 in addition to

  6  the $100,000 already paid pursuant to the statutory cap, NOW,

  7  THEREFORE,

  8

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

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

12  act are found and declared to be true.

13         Section 2.  The City of Port St. Lucie is authorized

14  and directed to appropriate from funds of the city not

15  otherwise appropriated and, on or before October 31, 2000, to

16  draw a warrant in the sum of $75,000 payable to J. C.

17  Wendehake as compensation for injuries sustained due to the

18  negligence of the City of Port St. Lucie.

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

20  law.

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