House Bill hb0909

    Florida House of Representatives - 2001                 HB 909

        By Representative Ausley






  1                      A bill to be entitled

  2         An act relating to Gulf County; providing for

  3         the relief of Elizabeth Linton, as personal

  4         representative of the estate of her father,

  5         Harold Armstrong, deceased; providing an

  6         appropriation in compensation for the death of

  7         Harold Armstrong as a result of the negligence

  8         of Gulf County; providing an effective date.

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10         WHEREAS, on November 11, 1994, Harold Armstrong, a

11  father of eight children, was part of a crew that was working

12  at the Five Points Landfill in Gulf County to clean up debris

13  and trash that had resulted from the storm named Alberto, and

14         WHEREAS, while Harold Armstrong was working on one side

15  of a pile of debris that was 6 to 8 feet high and 10 to 12

16  feet wide, an employee of Gulf County was operating a

17  bulldozer on the other side of the pile, and, assuming that

18  there was no one behind the pile of debris, the bulldozer

19  operator plowed it down, causing the pile to fall on Harold

20  Armstrong, drag him for nearly 40 feet, and bury him alive,

21  and

22         WHEREAS, Harold Armstrong was extricated from the

23  debris, where he was found upside down in a fetal position

24  with one side of his chest caved in, and rushed by ambulance

25  to Gulf Pines Hospital, where his condition was stabilized so

26  that he could be transferred to Bay Medical Center in Panama

27  City, and

28         WHEREAS, Harold Armstrong's condition deteriorated en

29  route to Panama City, and, despite the best efforts of the

30  doctors, he died, and

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    Florida House of Representatives - 2001                 HB 909

    745-106-01






  1         WHEREAS, in the subsequent legal action based on this

  2  matter, evidence established that Harold Armstrong's death had

  3  been preventable and that he was killed because Gulf County

  4  had no safety procedures in place to prevent such an accident,

  5  and

  6         WHEREAS, after hearing all the evidence at a jury trial

  7  in April 1999, a Gulf County jury found the county 100 percent

  8  at fault for the death of Harold Armstrong, found no

  9  comparative negligence on the part of Harold Armstrong, and

10  awarded damages in the amount of $2,007,184.92 for the benefit

11  of Harold Armstrong's estate and his eight children, Jessie

12  Armstrong, Donna Nunery, Lenora Pitts, Hazel Nunery, Dorothy

13  Alderman, Elizabeth Linton, Kenny Armstrong, and Betty Hughes,

14  and

15         WHEREAS, at all times, Gulf County has refused to

16  mediate or negotiate a reasonable settlement, and

17         WHEREAS, after the county has paid $200,000 pursuant to

18  its obligation under section 768.28, Florida Statutes, the

19  remaining excess-judgment amount owed will be $1,807,184.92,

20  NOW, THEREFORE,

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

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

25  act are found and declared to be true.

26         Section 2.  The Board of County Commissioners of Gulf

27  County is authorized and directed to appropriate from funds of

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

29  the sum of $1,807,184.92 payable to Elizabeth Linton, as

30  personal representative of the estate of her father, Harold

31  Armstrong, deceased, for the benefit of Harold Armstrong's

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    Florida House of Representatives - 2001                 HB 909

    745-106-01






  1  eight children, Jessie Armstrong, Donna Nunery, Lenora Pitts,

  2  Hazel Nunery, Dorothy Alderman, Elizabeth Linton, Kenny

  3  Armstrong, and Betty Hughes, as compensation for injuries and

  4  damages sustained due to the negligence of the county. Such

  5  amount shall be paid in addition to the $200,000 payable

  6  pursuant to section 768.28, Florida Statutes. After payment of

  7  fees, costs, and authorized expenses, the proceeds awarded

  8  pursuant to this act shall be equally divided, eight ways,

  9  among Jessie Armstrong, Donna Nunery, Lenora Pitts, Hazel

10  Nunery, Dorothy Alderman, Elizabeth Linton, Kenny Armstrong,

11  and Betty Hughes.

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

13  law.

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