House Bill hb0795

    Florida House of Representatives - 2001                 HB 795

        By Representative Justice






  1                      A bill to be entitled

  2         An act relating to the City of St. Petersburg;

  3         providing for the relief of Alfred Brinkley

  4         Roberts; authorizing and directing the City of

  5         St. Petersburg to compensate him for injuries

  6         suffered due to the negligence of an employee

  7         of the city; providing an effective date.

  8

  9         WHEREAS, on August 31, 1991, Alfred Brinkley Roberts

10  was walking across Ninth Avenue South, near 15th Street, in

11  St. Petersburg, when he was struck by a police cruiser that

12  had been traveling at a speed in excess of 65 miles per hour

13  in a 35-mile-per-hour zone, and

14         WHEREAS, due to its sliding wheels, the cruiser could

15  not be steered and left more than 200 feet of skid marks as

16  it, in effect, followed Alfred Brinkley Roberts out of the

17  travel lane and into an unmarked parking zone, where the

18  actual impact took place, and

19         WHEREAS, Alfred Brinkley Roberts' injuries were extreme

20  and included massive brain and orthopedic injuries,

21  incontinence, and confinement for the rest of his life to a

22  wheelchair, and

23         WHEREAS, the police officer operating the cruiser was

24  investigated by the St. Petersburg Police Department's

25  Internal Affairs, which found the officer to be at fault for

26  causing the accident, and

27         WHEREAS, at the time of the accident, Alfred Brinkley

28  Roberts had alcohol present in his system; however, it was

29  shown at trial that it would have been impossible for any

30  person to have avoided the swerving, out-of-control cruiser,

31  and

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    Florida House of Representatives - 2001                 HB 795

    773-101-01






  1         WHEREAS, after a lengthy trial, the jury awarded Alfred

  2  Brinkley Roberts $1,267,735.05, which was reduced by 20

  3  percent to $1,014,188.04, for comparative negligence, and

  4         WHEREAS, Alfred Brinkley Roberts has outstanding

  5  medical bills and liens that include, but are not limited to,

  6  $230,239.86 to Bayfront Medical Center, $6,235 to Dr. Clinton

  7  B. Davis, II, and $153,621 to the Veterans Administration, and

  8         WHEREAS, Alfred Brinkley Roberts also owes his attorney

  9  for legal services rendered during the 9 years that he has

10  been pursuing compensation for his injuries and also needs

11  funds for his care for the duration of his life, NOW,

12  THEREFORE,

13

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

15

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

17  act are found and declared to be true.

18         Section 2.  The City of St. Petersburg is authorized

19  and directed to appropriate from funds of the city not

20  otherwise appropriated and to draw a warrant in the sum of

21  $655,346.97 payable to Alfred Brinkley Roberts to compensate

22  him for injuries and damages sustained.  After payment of

23  Alfred Brinkley Roberts' outstanding medical bills, medical

24  liens, and attorney's fees, the remaining proceeds shall be

25  used to provide for the care of Alfred Brinkley Roberts for

26  the duration of his life.

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

28  law.

29

30

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