Senate Bill sb0026

    Florida Senate - 2001        (NP)                        SB 26

    By Senator Rossin





    35-23A-01

  1                      A bill to be entitled

  2         An act relating to the City of West Palm Beach;

  3         providing for the relief of Rosemary

  4         Falkinburg; authorizing and directing the City

  5         of West Palm Beach to compensate Ms. Falkinburg

  6         for personal injuries she suffered due to the

  7         negligence of a city employee; providing an

  8         effective date.

  9

10         WHEREAS, on August 11, 1994, Rosemary Falkinburg, who

11  was then 34 years old, was driving on Belvedere Road in West

12  Palm Peach on her way to work, and

13         WHEREAS, an accident occurred when a West Palm Beach

14  police officer, who was driving a police vehicle, struck Ms.

15  Falkinburg's vehicle, and

16         WHEREAS, within a few days after the accident, Ms.

17  Falkinburg began experiencing pain in her neck, back, and

18  buttocks and, in May 1995, saw a back surgeon who treated her

19  with various modalities in an effort to postpone or avoid

20  surgery, and

21         WHEREAS, Ms. Falkinburg continued to work at her job in

22  an animal hospital until February 1999, at which time her pain

23  became so severe that she needed surgery, which was performed

24  on February 11, 1999, and

25         WHEREAS, she returned to work in mid-May 1999, but was

26  unable to perform her job and was terminated, and

27         WHEREAS, Ms. Falkinburg subsequently found another,

28  lower-paying, job, but her surgeon has testified that she will

29  probably need a second surgery, and

30         WHEREAS, on February 14, 2000, a jury in Palm Beach

31  County found that the police officer who collided with Ms.

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






    Florida Senate - 2001        (NP)                        SB 26
    35-23A-01




  1  Falkinburg's car was 98 percent at fault for the accident and

  2  rendered a verdict in favor of Ms. Falkinburg for damages in

  3  the amount of $1,601,600, and

  4         WHEREAS, because of a finding of comparative

  5  negligence, a final judgment in the amount of $1,559,768 was

  6  entered against the City of West Palm Beach, and

  7         WHEREAS, after several post-trial motions and

  8  negotiations, the City of West Palm Beach and the plaintiff

  9  entered into a stipulated settlement for a total sum of

10  $600,000, to be paid in installments as follows: $100,000 as

11  soon as the city commission approves the settlement, $250,000

12  more within 30 days after a claim bill for the amount owed

13  takes effect, and the final $250,000 on the 1-year anniversary

14  of the second payment, 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 City of West Palm Beach is authorized

21  and directed to compensate Rosemary Falkinburg in two equal

22  installments for the total amount of $500,000, out of funds of

23  the City of West Palm Beach not otherwise appropriated, for

24  injuries and damages she sustained as a result of the

25  negligence of a city employee. The initial installment of

26  $250,000 shall be paid within 30 days after the effective date

27  of this act, and the second installment of $250,000 shall be

28  paid on the 1-year anniversary of the initial payment.

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

30  law.

31

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