Senate Bill sb0028

    Florida Senate - 2001        (NP)                        SB 28

    By Senator Diaz de la Portilla





    32-22A-01

  1                      A bill to be entitled

  2         An act relating to the City of Hialeah;

  3         providing for the relief of Jose Pena, as

  4         Personal Representative of the Estate of Carmen

  5         Pena, deceased, and individually, as surviving

  6         father of Katherine Pena and Richard Pena,

  7         minor children of Carmen Pena and Jose Pena,

  8         deceased; providing for the relief of Johammes

  9         Pena, surviving son of Carmen Pena; providing

10         for an appropriation to compensate them for the

11         death of Carmen Pena, Katherine Pena, and

12         Richard Pena as a result of the negligence of

13         the City of Hialeah; providing an effective

14         date.

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16         WHEREAS, on October 21, 1990, Carmen Pena was driving

17  her family car on West 68th Street, near West 26th Drive in

18  the City of Hialeah, and

19         WHEREAS, riding as passengers in Carmen Pena's car on

20  October 21, 1990, were 6-year old Katherine Pena, minor child

21  of Carmen Pena and Jose Pena, 12-year old Richard Pena, minor

22  child of Carmen Pena and Jose Pena, 16-year old Johammes Pena,

23  minor child of Carmen Pena and Jose Pena, and Jose Pena,

24  ex-husband of Carmen Pena and father of minor children

25  Katherine Pena, Richard Pena, and Johammes Pena, and

26         WHEREAS, on October 21, 1990, the vehicle being driven

27  by Carmen Pena left the roadway on which she was traveling and

28  hit a dangerously large drop-off as she was attempting to

29  return to the road, which caused Carmen Pena to lose control

30  of her vehicle and veer into a canal, and

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    Florida Senate - 2001        (NP)                        SB 28
    32-22A-01




  1         WHEREAS, as a result of the accident, Carmen Pena,

  2  Katherine Pena, and Richard Pena were killed, and

  3         WHEREAS, on July 15, 1991, a complaint was filed on

  4  behalf of the Estates of Carmen Pena, Katherine Pena, and

  5  Richard Pena, and on behalf of the surviving father, Jose

  6  Pena, and on behalf of the surviving son, Johammes Pena, and

  7         WHEREAS, in the complaint, the City of Hialeah was

  8  charged with failing to properly inspect and maintain the

  9  roadway and shoulder of the roadway, allowing a large and

10  dangerous drop-off to occur on the shoulder, and

11         WHEREAS, on October 28, 1994, the jury returned a

12  verdict against the City of Hialeah finding the City of

13  Hialeah to be 75 percent negligent and Carmen Pena to be 25

14  percent negligent, and

15         WHEREAS, final judgments were entered for Johammes Pena

16  in the amount of $187,500 for the loss of his mother, Carmen

17  Pena; for Jose Pena in the amount of $78,395.84 for the loss

18  of his daughter, Katherine Pena; for Jose Pena in the amount

19  of $242,199.65 for the loss of his son, Richard Pena; and for

20  Jose Pena in the amount of $784,570.04 for the Estate of

21  Carmen Pena, and

22         WHEREAS, the total amount of the final judgments is

23  $1,292,665.53, and

24         WHEREAS, costs were awarded in the amount of $8,395.61,

25  and

26         WHEREAS, the total amount of the net final judgment is

27  $1,301,061.14, and

28         WHEREAS, the City of Hialeah has paid $200,000 in

29  accordance with the limits set forth in section 768.28,

30  Florida Statutes, leaving an unpaid judgment in the amount of

31  $1,101,061.14, NOW, THEREFORE,

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    Florida Senate - 2001        (NP)                        SB 28
    32-22A-01




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

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

  4  act are found and declared to be true.

  5         Section 2.  The City of Hialeah is authorized and

  6  directed to appropriate from funds of the city not otherwise

  7  appropriated and to draw a warrant in the sum of $592,965.65

  8  payable to Jose Pena, as Personal Representative of the Estate

  9  of Carmen Pena, as compensation for the death of Carmen Pena.

10         Section 3.  The City of Hialeah is authorized and

11  directed to appropriate from funds of the city not otherwise

12  appropriated and to draw a warrant in the sum of $320,595.49

13  payable to Jose Pena, individually, to compensate him for the

14  death of his daughter, Katherine Pena, a minor, and his son,

15  Richard Pena, a minor.

16         Section 4.  The City of Hialeah is authorized and

17  directed to appropriate from funds of the city not otherwise

18  appropriated and to draw a warrant in the sum of $187,500

19  payable to Johammes Pena, surviving son of Carmen Pena, to

20  compensate him for the death of his mother, Carmen Pena, due

21  to the negligence of the City of Hialeah.

22         Section 5.  This act shall take effect upon becoming a

23  law.

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