Senate Bill sb0058e1

    SB 58                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the City of Clearwater;

  3         providing for the relief of Eva Skowronek as

  4         the widow of Wieslaw Skowronek and as personal

  5         representative of the Estate of Wieslaw

  6         Skowronek and for the relief of Anna Marie,

  7         Victor, and Hubert Alexander Skowronek, the

  8         minor children of Wieslaw Skowronek, for the

  9         death of Wieslaw Skowronek as a result of the

10         negligence of the City of Clearwater; providing

11         an effective date.

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13         WHEREAS, on Sunday, January 19, 1997, Wieslaw Skowronek

14  was visiting the Virgin Mary apparition at the Seminole

15  Finance Building in Clearwater, Florida, and

16         WHEREAS, as a result of the use of excessive force by a

17  City of Clearwater policeman, Mr. Skowronek's pancreas was

18  ruptured and he bled to death, and

19         WHEREAS, the death of Mr. Skowronek was clearly the

20  consequence of the negligence of the city, and

21         WHEREAS, the City of Clearwater and Eva Skowronek have

22  entered into a settlement agreement in which the city has

23  agreed to a settlement in the amount of $525,000, of which the

24  city will pay $200,000, Ranger Insurance Company will pay

25  $125,000, and a claim bill will be submitted for the remaining

26  $200,000, and

27         WHEREAS, the City of Clearwater has paid the $200,000,

28  which is the maximum amount allowable under section 768.28,

29  Florida Statutes, and the insurance company has paid $125,000,

30  NOW, THEREFORE,

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    SB 58                                    First Engrossed (ntc)



  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.  (1)  The City of Clearwater is authorized

  6  and directed to compensate Eva Skowronek, as the widow of

  7  Wieslaw Skowronek, and their three children for the death of

  8  Wieslaw Skowronek due to the negligence of a city employee, in

  9  the following amounts:

10         (a)  $100,000 to Eva Skowronek, as the widow of Wieslaw

11  Skowronek;

12         (b)  $33,333.33 to Anna Marie Skowronek, age 19, as the

13  child of Wieslaw Skowronek;

14         (c)  $33,333.33 to Victor Skowronek, as the minor child

15  of Wieslaw Skowronek, to be placed in his guardianship

16  account;

17         (d)  $33,333.33 to Hubert Skowronek, as the minor child

18  of Wieslaw Skowronek, to be placed in his guardianship

19  account.

20         (2)  Amounts paid for attorney's fees and costs, as

21  limited in accordance with s. 768.28, shall be payable on a

22  pro rata basis from each of the claimants.

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

24  law.

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