House Bill 0535
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 535
By Representative Hill
1 A bill to be entitled
2 An act relating to the City of Hallandale;
3 providing for the relief of Lawrence Gizzi;
4 providing for an appropriation to compensate
5 him for injuries and damages sustained as a
6 result of the negligence of the City of
7 Hallandale; providing an effective date.
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9 WHEREAS, on April 16, 1996, at approximately 9:15 p.m.,
10 Lawrence Gizzi took his dog for a walk in his neighborhood in
11 the City of Hallandale and, as he crossed the street, the
12 asphalt near a manhole cover caved in and gave way, pinning
13 his left leg, up to the knee, under the asphalt street
14 surface, and
15 WHEREAS, Mr. Gizzi spent almost an hour pinned under
16 the asphalt, in the dark, with land crabs biting his left foot
17 and ankle; he was almost run over by a van; and, when police
18 arrived, they were unable to free him from the street surface,
19 and
20 WHEREAS, the fire department was ultimately called, and
21 they tore away the asphalt and freed Mr. Gizzi from the
22 street, and
23 WHEREAS, the City of Hallandale had previously ignored
24 a leaking manhole in the same area, where an old patch had
25 been placed over such leaking manhole, but the leak had never
26 been fixed and the ground underneath the old patch had
27 continued to erode, which caused the cave-in of the street,
28 and
29 WHEREAS, Mr. Gizzi was severely injured as a result of
30 this incident and subsequently underwent two surgeries, two
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 535
504-163-00
1 hospitalizations, and 2 years of physical therapy related to
2 the injuries, and
3 WHEREAS, medical bills resulting from that treatment
4 totaled $74,971.17, and
5 WHEREAS, the City of Hallandale never offered more than
6 $2,500 to settle the case, and the case proceeded to trial,
7 with a jury verdict being rendered on January 13, 1999, and a
8 final judgment being entered on February 8, 1999, and
9 WHEREAS, the jury verdict in the case placed 100
10 percent of the blame on the City of Hallandale and found no
11 comparative negligence on the part of plaintiff Lawrence Gizzi
12 and no negligence on the part of the codefendant, Florida
13 Department of Transportation, and
14 WHEREAS, the jury awarded Mr. Gizzi $74,971.17 for past
15 medical expenses; $120,000 for future medical expenses; and
16 $30,000 for pain and suffering, disability, disfigurement,
17 mental anguish, and loss of capacity for the enjoyment of life
18 in the past, and $15,000 for those elements of damages in the
19 future, for a total of $239,971.17, and
20 WHEREAS, the City of Hallandale has tendered $100,000,
21 in accordance with the limits set under section 768.28,
22 Florida Statutes, leaving a remainder to be paid of
23 $139,971.17, NOW, THEREFORE,
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. The facts stated in the preamble to this
28 act are found and declared to be true.
29 Section 2. The City of Hallandale is authorized and
30 directed to appropriate from funds of the city not otherwise
31 appropriated and to draw a warrant in the sum of $139,971.17
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 535
504-163-00
1 payable to Lawrence Gizzi to compensate him for injuries and
2 damages sustained.
3 Section 3. This act shall take effect upon becoming a
4 law.
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