Senate Bill sb0034

    Florida Senate - 2002        (NP)                        SB 34

    By Senator Lawson





    3-95A-02

  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; providing an appropriation in

  6         compensation for the death of Mr. Armstrong as

  7         a result of the negligence of Gulf County;

  8         providing an effective date.

  9

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 tropical storm Alberto, and

14         WHEREAS, while Mr. Armstrong was working on one side of

15  a pile that was 6-to-8 feet high and 10-to-12 feet wide, an

16  employee of Gulf County was operating a bulldozer on the other

17  side of the pile, and, assuming that there was no one behind

18  the pile of debris, the bulldozer operator plowed it down,

19  causing the pile to fall on Harold Armstrong, drag him for

20  nearly 40 feet, and bury him alive, and

21         WHEREAS, Mr. Armstrong was extricated from the debris,

22  where he was found upside down in a fetal position with one

23  side of his chest caved in, and rushed by ambulance to Gulf

24  Pines Hospital, where his condition was stabilized so that he

25  could be transferred to Bay Medical Center in Panama City, and

26         WHEREAS, Mr. Armstrong's condition deteriorated en

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

28  doctors, he died, and

29         WHEREAS, in the subsequent legal action based on this

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

31  been preventable and that he was killed because Gulf County

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    Florida Senate - 2002        (NP)                        SB 34
    3-95A-02




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

  2  and

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

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

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

  6  comparative negligence on the part of Mr. Armstrong, and

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

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

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

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

11  and

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

13  mediate or negotiate a reasonable settlement, and

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

15  its obligation under section 768.28, Florida Statutes, the

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

17  NOW, THEREFORE,

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

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

22  act are found and declared to be true.

23         Section 2.  Gulf County is authorized and directed to

24  appropriate from funds not otherwise appropriated, and to draw

25  a warrant payable to Elizabeth Linton, personal representative

26  of the estate of her deceased father, Harold Armstrong, for

27  the total amount of $1,807,184.92, which amount includes

28  statutory attorney's fees and costs, for the benefit of his

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

30  Hazel Nunery, Dorothy Alderman, Elizabeth Linton, Kenny

31  Armstrong, and Betty Hughes, for injuries and damages

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    Florida Senate - 2002        (NP)                        SB 34
    3-95A-02




  1  sustained due to the negligence of the county. After payment

  2  of fees, costs, and authorized expenses, the proceeds awarded

  3  under this act shall be equally divided, eight ways, among

  4  Jessie Armstrong, Donna Nunery, Lenora Pitts, Hazel Nunery,

  5  Dorothy Alderman, Elizabeth Linton, Kenny Armstrong, and Betty

  6  Hughes.

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

  8  law.

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