Senate Bill sb0054

    Florida Senate - 2001        (NP)                        SB 54

    By Senator Campbell





    33-47-01

  1                      A bill to be entitled

  2         An act relating to the City of Coral Springs;

  3         providing for the relief of Helene Rippe;

  4         authorizing and directing the City of Coral

  5         Springs to compensate her for personal injuries

  6         she suffered due to the negligence of the city;

  7         providing an effective date.

  8

  9         WHEREAS, Helene Rippe was attending a Little League

10  game at Mullins Park, a multi-recreational facility owned and

11  operated by the City of Coral Springs, when she was struck

12  squarely in the middle of her face with a hard-hit foul ball,

13  was knocked unconscious, and suffered extensive injuries,

14  which necessitated two surgeries and resulted in the loss of

15  her job, and

16         WHEREAS, when she was struck, she was watching the game

17  from a spot in front of the players' benches and behind a

18  fence that is 4 feet high, although she had previously been

19  watching from the bleachers, which are behind an 8-foot-high

20  fence, and

21         WHEREAS, Mrs. Rippe sued the city, alleging negligence,

22  and the jury concluded that the city should have anticipated

23  spectator injury despite the obviousness of the danger, that

24  the city had constructive knowledge of the existence of a

25  dangerous condition and therefore had a duty to correct the

26  condition, and that the city was 40 percent at fault for Mrs.

27  Rippe's injuries, and

28         WHEREAS, a final judgment in the amount of $130,000 was

29  entered in favor of Helene Rippe, of which the city has paid

30  $100,000, the maximum amount allowable under section 768.28,

31  Florida Statutes, and

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    Florida Senate - 2001        (NP)                        SB 54
    33-47-01




  1         WHEREAS, the amount remaining under the judgment is

  2  $30,000, which may be paid only through the passage of a claim

  3  bill, NOW, THEREFORE,

  4

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

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

  8  act are found and declared to be true.

  9         Section 2.  The City of Coral Springs is authorized and

10  directed to compensate Helene Rippe in the amount of $30,000,

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

12  injuries and damages she sustained due to the negligence of

13  the city.

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

15  law.

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