Senate Bill sb0080

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    Florida Senate - 2001        (NP)                        SB 80

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    32-67-01

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for the relief of Nicholas Maracic; providing

  4         an appropriation to compensate him for injuries

  5         sustained as a result of the negligence of

  6         Broward County; providing an effective date.

  7

  8         WHEREAS, on November 28, 1987, Nicholas Maracic was

  9  riding his motorcycle in Broward County, and

10         WHEREAS, a Broward County employee was driving a county

11  bus and failed to properly operate the bus, failed to keep a

12  proper lookout for traffic, and failed to yield to Nicholas

13  Maracic, and

14         WHEREAS, Nicholas Maracic was hit by the front side of

15  the bus and sustained injuries when the Broward County bus

16  failed to yield the right-of-way and made a left turn in front

17  of Nicholas Maracic at an intersection in Broward County, and

18         WHEREAS, the Broward County bus driver was cited with a

19  traffic violation for violation of right-of-way for making a

20  left turn in front of approaching traffic, and

21         WHEREAS, the negligence of the Broward County bus

22  driver caused Nicholas Maracic serious physical injuries and

23  loss of his ability to earn a living in the restaurant

24  business, which was his trade prior to this accident, and

25         WHEREAS, Nicholas Maracic's injuries sustained by this

26  collision are a right upper extremity brachial plexus injury,

27  right forearm fracture, transverse fracture of the right

28  femur, complex fracture of the right proximal tibia and

29  fibula, stiffness of the right leg, complete disuse of the

30  right arm, limited range of motion of the right knee,

31  100-percent impairment of the right arm, 11-percent impairment

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    Florida Senate - 2001        (NP)                        SB 80
    32-67-01




  1  of the right leg, and 64-percent total impairment of the body,

  2  and

  3         WHEREAS, Nicholas Maracic will require future medical

  4  care of a possible fusion of the left wrist, arthroscopy or

  5  removal of the knee cap of the right knee, removal of the rod

  6  in the right femur, and extensive and complex neurosurgical

  7  treatment of the brachial plexus injury, and

  8         WHEREAS, Nicholas Maracic has no use of his right arm

  9  and limited use of his left arm, is unable to squat or kneel,

10  is unable to turn his neck, and has constant pain in the neck

11  and right arm, and

12         WHEREAS, this case went to trial in Broward County,

13  case number 88-31965-12, during the week of June 4, 1990, and

14         WHEREAS, a jury returned a verdict for Nicholas Maracic

15  in the amount of $380,285, and

16         WHEREAS, Broward County did not appeal the jury's

17  verdict, and

18         WHEREAS, Broward County has paid $100,000 pursuant to

19  section 768.28, Florida Statutes, NOW, THEREFORE,

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

22

23         Section 1.  The facts stated in the preamble of this

24  act are found and declared to be true.

25         Section 2.  The Board of County Commissioners of

26  Broward County is authorized and directed to appropriate from

27  funds of the county not otherwise appropriated and to draw a

28  warrant in the total amount of $180,285 payable to Nicholas

29  Maracic to compensate him for injuries and damages sustained

30  as a result of the negligence of an employee of Broward

31  County.

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    Florida Senate - 2001        (NP)                        SB 80
    32-67-01




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

  2  law.

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