House Bill 0697

    Florida House of Representatives - 2000                 HB 697

        By Representative Eggelletion






  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 for an

  6         appropriation as compensation for the death of

  7         Harold Armstrong as a result of the negligence

  8         of Gulf County; 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 Harold Armstrong was working on one side

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

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

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

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

19  causing the pile to fall on Harold Armstrong, drag him for

20  nearly 40 feet, and bury him alive, and

21         WHEREAS, Harold Armstrong was extricated from the

22  debris, where he was found upside down in a fetal position

23  with one side of his chest caved in, and rushed by ambulance

24  to Gulf Pines Hospital, where his condition was stabilized so

25  that he could be transferred to Bay Medical Center in Panama

26  City, and

27         WHEREAS, Harold Armstrong's condition deteriorated en

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

29  doctors, he died, and

30         WHEREAS, in the subsequent legal action based on this

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

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






    Florida House of Representatives - 2000                 HB 697

    503-170-00






  1  been preventable and that he was killed because Gulf County

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

  3  and

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

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

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

  7  comparative negligence on the part of Harold Armstrong, and

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

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

10  mediate or negotiate a reasonable settlement, and

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

12  its obligation under section 768.28, Florida Statutes, the

13  remaining amount of the excess judgment owed will be

14  $1,807,184.92, NOW, THEREFORE,

15

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

17

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

19  act are found and declared to be true.

20         Section 2.  The Board of County Commissioners of Gulf

21  County is authorized and directed to appropriate from funds of

22  the county not otherwise appropriated and to draw a warrant in

23  the sum of $1,807,184.92 payable to Elizabeth Linton, as

24  personal representative of the estate of Harold Armstrong, as

25  compensation for injuries and damages sustained due to the

26  negligence of the county.

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

28  law.

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