Senate Bill sb0052

    Florida Senate - 2001        (NP)                        SB 52

    By Senator Geller





    29-38A-01

  1                      A bill to be entitled

  2         An act relating to Orange County; providing for

  3         the relief of Pamela McMahan San Juan;

  4         authorizing and directing Orange County to

  5         compensate her for personal injuries that she

  6         suffered due to the negligence of Orange

  7         County; providing an effective date.

  8

  9         WHEREAS, while driving her car on a roadway maintained

10  by Orange County, Pamela McMahan San Juan was involved in a

11  serious crash that resulted in multiple serious fractures in

12  all four of her limbs, and

13         WHEREAS, the shoulders of the road were not maintained,

14  and there were deep dropoffs between the edge of the road and

15  the shoulder, and

16         WHEREAS, a car in the oncoming lane consequently went

17  off the road onto the shoulder, got caught in the trench,

18  tried to get back on the road, overcompensated, and swerved

19  into the opposite lane and hit Ms. San Juan's car, and

20         WHEREAS, as a result of her injuries, Ms. San Juan has

21  endured multiple surgeries on both arms and both legs, has

22  been diagnosed with long-term, permanent residual impairments,

23  and will most likely need future surgeries on her knee and

24  arm, and

25         WHEREAS, Ms. San Juan has incurred more than $145,000

26  in medical bills, and the hospital has a lien for that amount,

27  and

28         WHEREAS, she has been out of work since the accident,

29  and

30         WHEREAS, the case went to trial in 1999, and the jury

31  found Orange County to be at fault but also allocated some

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






    Florida Senate - 2001        (NP)                        SB 52
    29-38A-01




  1  fault to the driver of the other vehicle, and judgment was

  2  rendered in favor of the plaintiff for the sum of $380,971,

  3  and

  4         WHEREAS, Orange County appealed the jury's verdict, but

  5  the verdict was affirmed per curiam, and

  6         WHEREAS, Orange County has paid the $100,000 that is

  7  the maximum amount allowed under section 768.28, Florida

  8  Statutes, leaving a remainder owed in the amount of $280,971,

  9  NOW, THEREFORE,

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

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

14  act are found and declared to be true.

15         Section 2.  Orange County is authorized and directed to

16  compensate Pamela McMahan San Juan in the amount of $280,971

17  for injuries and damages sustained and for medical expenses,

18  out of the funds of Orange County not otherwise appropriated.

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

20  law.

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