House Bill hb0711

    Florida House of Representatives - 2001                 HB 711

        By Representative Meadows






  1                      A bill to be entitled

  2         An act relating to Orange County; providing for

  3         the relief of Pamela McMahan San Juan;

  4         providing for an appropriation to compensate

  5         her for injuries and damages sustained due to

  6         the negligence of Orange County; providing an

  7         effective date.

  8

  9         WHEREAS, on April 13, 1997, while driving her car on a

10  roadway maintained by Orange County, Pamela McMahan San Juan

11  was involved in a serious crash that resulted in multiple

12  serious fractures in all four of her limbs, and

13         WHEREAS, the shoulders of the road on which Pamela

14  McMahan San Juan was traveling were not maintained, and there

15  were deep dropoffs between the edge of the road and the

16  shoulder, and

17         WHEREAS, a car in the oncoming lane of traffic

18  consequently went off the road and onto the shoulder, got

19  caught in the dropoff, and in attempting to pull the car back

20  on the road, overcompensated and swerved into the opposite

21  lane of traffic, hitting the vehicle driven by pamela McMahan

22  San Juan, and

23         WHEREAS, as a result of her injuries, Pamela McMahan

24  San Juan has endured multiple surgeries on both arms and both

25  legs, has been diagnosed with long-term, permanent residual

26  impairments, and will most likely need future surgeries on her

27  knee and arm, and

28         WHEREAS, Pamela McMahan San Juan has incurred more than

29  $145,000 in medical bills, and the hospital which provided

30  medical care to Pamela McMahan San Juan has a lien for that

31  amount, and

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    Florida House of Representatives - 2001                 HB 711

    740-109-01






  1         WHEREAS, Pamela McMahan San Juan has been out of work

  2  since the accident, and

  3         WHEREAS, the accident of April 13, 1997, formed the

  4  basis of legal action against Orange County, and

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

  6  found Orange County to be at fault and also allocated a

  7  portion of fault to the driver of the other vehicle, and

  8         WHEREAS, judgment was rendered in favor of the

  9  plaintiff for the sum of $380,971, and

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

11  the verdict was affirmed per curiam, and

12         WHEREAS, Orange County has paid $100,000 under section

13  768.28, Florida Statutes, leaving a remainder of $280,971,

14  NOW, THEREFORE,

15

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

17

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

19  act are found and declared to be true.

20         Section 2.  The Board of County Commissioners of Orange

21  County is authorized and directed to appropriate from funds of

22  the county not otherwise appropriated and to draw a warrant in

23  the sum of $280,971 payable to Pamela McMahan San Juan for

24  injuries and damages sustained.

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

26  law.

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