Senate Bill sb0038

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    Florida Senate - 2001        (NP)                        SB 38

    By Senator Dawson





    30-46A-01

  1                      A bill to be entitled

  2         An act relating to the City of Key West;

  3         providing for the relief of James Fink;

  4         authorizing and directing the City of Key West

  5         to compensate him for personal injuries that he

  6         suffered due to the negligence of an employee

  7         of the City of Key West; providing an effective

  8         date.

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10         WHEREAS, on April 4, 1998, James Fink, who was then 21

11  years of age, was operating a motorcycle near the intersection

12  of South Roosevelt Boulevard and Duck Avenue in the City of

13  Key West, and

14         WHEREAS, a bus driver who was a city employee

15  negligently failed to yield the right-of-way at that

16  intersection, and

17         WHEREAS, several witnesses have testified that Mr. Fink

18  did everything he could do to avoid an accident, but that the

19  bus driver's negligently pulling into the intersection caused

20  Mr. Fink to collide with the left front of the bus, and

21         WHEREAS, as a result of the impact, James Fink was

22  ejected from his motorcycle, was thrown into the windshield of

23  the bus, and, eventually, was thrown to the ground, and

24         WHEREAS, Mr. Fink was taken to the Lower Florida Keys

25  Hospital, where he was treated for multiple fractures and for

26  kidney damage that was so severe that his right kidney had to

27  be removed, and

28         WHEREAS, after discharge from the hospital, Mr. Fink

29  had to be readmitted for further surgery on his left elbow and

30  arm, and

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    Florida Senate - 2001        (NP)                        SB 38
    30-46A-01




  1         WHEREAS, he subsequently underwent physical therapy,

  2  but has been unable to avail himself of a doctor's referral to

  3  the University of Miami Hand Clinic or to undertake other

  4  procedures and medical consultation because he lacks

  5  sufficient funds and has no medical insurance, and

  6         WHEREAS, despite the severity of his injuries, James

  7  Fink returned to work June 8, 1998, as a real estate salesman,

  8  working totally on commissions, and

  9         WHEREAS, Mr. Fink has sustained lost income in the

10  amount of $8,000 and medical bills in the amount of

11  $49,656.46, and

12         WHEREAS, he will need considerable additional medical

13  attention, and his injuries have likely shortened his life

14  expectancy considerably, particularly in view of the fact that

15  he now has only one kidney and there is a history of renal

16  problems in his family, and

17         WHEREAS, James Fink also has a permanent injury to his

18  left arm and elbow, and he is unable to ride a motorcycle,

19  play musical instruments, exercise properly, or enjoy several

20  of his lifelong hobbies, and he has great difficulty using a

21  fork and knife to cut food, and

22         WHEREAS, his medical condition will result in higher

23  insurance rates for health insurance or life insurance, if he

24  is able to obtain insurance at all, and

25         WHEREAS, his motorcycle, valued at $6,000, was totaled

26  in the accident, NOW, THEREFORE,

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

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

31  act are found and declared to be true.

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    Florida Senate - 2001        (NP)                        SB 38
    30-46A-01




  1         Section 2.  The City of Key West is authorized and

  2  directed to compensate James Fink in the amount of         ,

  3  out of funds of the city not otherwise appropriated, for

  4  injuries and damages he sustained due to the negligence of a

  5  city employee.

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

  7  law.

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