House Bill hb0301e1

                                       HB 301, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the City of Vero Beach;

  3         providing for the relief of Joseph Arvay;

  4         providing for an appropriation to compensate

  5         Joseph Arvay for injuries caused by the

  6         negligence of a City of Vero Beach police

  7         officer; providing an effective date.

  8

  9         WHEREAS, on February 25, 1994, Joseph Arvay was

10  involved in a nearly fatal traffic accident that occurred on

11  State Road 60 West near Vero Beach City Hall, and

12         WHEREAS, the accident occurred because an unmarked

13  police car driven by a police officer hit the side of Mr.

14  Arvay's vehicle, causing him to lose control and crash into a

15  tree, and

16         WHEREAS, after investigating the accident, the City of

17  Vero Beach Police cited the officer for violating Mr. Arvay's

18  right-of-way, and sent the officer to driving school, and

19         WHEREAS, a trial court later ruled that, at the time of

20  the accident, the police officer was acting in the course and

21  scope of his employment as a City of Vero Beach Police

22  Officer, and, upon appeal, that holding was affirmed, and

23         WHEREAS, at the scene of the accident, Mr. Arvay was

24  unconscious and bleeding from his ear, he was removed from his

25  car with the jaws of life, and he was intubated and rushed

26  "priority one" to the hospital, and

27         WHEREAS, Mr. Arvay received extremely serious injuries,

28  including multiple orthopedic injuries, paralysis of his right

29  side and of his vocal cord, and severe traumatic brain injury,

30  all of which necessitate 24-hour-a-day care now and in the

31  future, and


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                                       HB 301, First Engrossed/ntc



  1         WHEREAS, because of the ongoing care that he needs, Mr.

  2  Arvay now lives in an assisted-living facility, where he

  3  receives 24-hour-a-day care, and

  4         WHEREAS, a lawsuit was filed against the City of Vero

  5  Beach on behalf of Mr. Arvay, and

  6         WHEREAS, the City of Vero Beach has admitted liability

  7  and causation for the accident, and

  8         WHEREAS, the City of Vero Beach desires to provide for

  9  the past and future care of Mr. Arvay for the remainder of his

10  life, as well as to compensate him for the losses that he has

11  sustained as a result of the accident, and

12         WHEREAS, the City of Vero Beach and Joseph Arvay have

13  agreed to and have entered into a Consent Final Judgment, the

14  terms of which are hereby adopted and incorporated by

15  reference, in order to resolve all claims without the

16  necessity of a jury trial, and

17         WHEREAS, all parties acknowledge that the Consent Final

18  Judgment, which was signed by Circuit Court Judge Scott M.

19  Kenney prior to trial in this matter, is in the best interests

20  of all parties, and

21         WHEREAS, the City of Vero Beach has paid Joseph Arvay

22  $100,000, in accordance with the limits set forth in section

23  768.28, Florida Statutes, and

24         WHEREAS, both parties ask that a claim bill be enacted

25  in order to authorize the additional payments ordered by the

26  Consent Final Judgment, NOW, THEREFORE,

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

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

31  act are found and declared to be true.


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                                       HB 301, First Engrossed/ntc



  1         Section 2.  The City of Vero Beach is authorized to

  2  compensate Joseph Arvay, out of funds of the city not

  3  otherwise appropriated, in an amount not to exceed

  4  $4,349,094.48 which shall be paid pursuant to an amended

  5  Consent Final Judgment described below. Before the city is

  6  authorized to make any payments to Joseph Arvay, the Consent

  7  Final Judgment entered on July 3, 2000, in the case of Joseph

  8  Arvay v. City of Vero Beach, Case No. 94-0541 CA, 19th

  9  Judicial Circuit, in and for Indian River County, shall be

10  amended to:

11         (1)  Condition any payments of cash to Joseph Arvay on

12  the prior appointment of a guardian of the property by the

13  Circuit Court;

14         (2)  Delete the requirement of paragraph 6 of the

15  Consent Final Judgment granting an inheritance to Joseph

16  Arvay's daughters of up to $75,000; and

17         (3)  Reduce the attorneys' fees payable under paragraph

18  7 of the Consent Final Judgment by $18,750 from $908,568.90 to

19  $889,818.90.

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

21  law.

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