House Bill hb0359

    Florida House of Representatives - 2002                 HB 359

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to the City of Delray Beach;

  3         providing for the relief of Jesnor Exanor, as

  4         personal representative of the Estate of Nancy

  5         Mervil, on behalf of himself and the two minor

  6         children of Jesnor Exanor and his deceased

  7         wife, Nancy Mervil; authorizing and directing

  8         the City of Delray Beach to compensate them for

  9         the death of Nancy Mervil due to the negligence

10         of an employee of the city; providing an

11         effective date.

12

13         WHEREAS, at approximately 9:38 p.m. on July 27, 2000,

14  when she was en route to pick up her minor child, Taisha,

15  Nancy Mervil was stopped at the intersection of Linton

16  Boulevard and Catherine Drive in Delray Beach, waiting to turn

17  left, and

18         WHEREAS, an on-duty police officer employed by the City

19  of Delray Beach, while traveling eastbound on the outside lane

20  of Linton Boulevard, received a call for backup to a domestic

21  violence call, and

22         WHEREAS, in response to the call, the officer turned on

23  his vehicle's emergency lights, but failed to turn on his

24  sirens and, while driving his vehicle at a speed of between 85

25  and 90 mph in a 45-mph zone, lost control of his vehicle,

26  struck the rear of Nancy Mervil's vehicle, and caused her

27  vehicle to roll over, become airborne, and crash into the hood

28  of another vehicle, and

29         WHEREAS, Nancy Mervil was killed in the accident, and

30         WHEREAS, at the time of her death, Nancy Mervil was 24

31  years old, and she and her husband, Jesnor Exanor, had two

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    Florida House of Representatives - 2002                 HB 359

    737-118-02






  1  minor children, Taisha Exanor, born December 2, 1999, and

  2  Orlena Poulard, born November 2, 1993, and

  3         WHEREAS, according to the investigative homicide report

  4  completed by a law enforcement investigator with the Florida

  5  Highway Patrol, the officer who was involved in the accident

  6  violated s. 316.072(5)(c), Florida Statutes, by failing to

  7  drive with due regard for the safety of others, and

  8         WHEREAS, the investigation also suggested that the City

  9  of Delray Beach had failed to properly maintain the police

10  officer's vehicle at the time of the collision in question,

11  thereby contributing to this unfortunate accident, and

12         WHEREAS, Jesnor Exanor, individually, on behalf of the

13  two minor children, and as personal representative of his

14  wife's estate, filed suit against the City of Delray Beach,

15  and

16         WHEREAS, in its answer to the complaint, the city

17  admitted that the police officer negligently caused Nancy

18  Mervil's death, and

19         WHEREAS, the economic damages in this case are

20  substantial, having been assessed at $823,000, based on the

21  assumption that Nancy Mervil would have continued to be

22  employed as a nurse's aide, and, alternatively, having been

23  assessed at $1,100,000, based on the assumption that she would

24  have completed nurse's training and would have been employed

25  as a nurse, as she had planned, and

26         WHEREAS, subsequent to the filing of the complaint in

27  this matter, the parties agreed to and conducted a mediation

28  that resulted in an agreement to settle with the City of

29  Delray Beach for a cash payment of $195,000 plus $1,305,000,

30  part of which would be used to purchase annuities, and

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    Florida House of Representatives - 2002                 HB 359

    737-118-02






  1         WHEREAS, the City of Delray Beach has made the cash

  2  payment of $195,000 to Jesnor Exanor in accordance with the

  3  terms of the settlement agreement, and

  4         WHEREAS, it has been suggested that 50 percent of the

  5  settlement proceeds be distributed to Jesnor Exanor and 25

  6  percent to each minor child, with other terms of the annuities

  7  to be determined at the time of passage of a claim bill

  8  allowing the city to reimburse the claimants in an amount

  9  greater than that allowed by s. 768.28, Florida Statutes, NOW,

10  THEREFORE,

11

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

13

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

15  act are found and declared to be true.

16         Section 2.  The City of Delray Beach is authorized and

17  directed to appropriate from funds of the city not otherwise

18  appropriated and to draw warrants in the total amount of

19  $1,305,000 to Jesnor Exanor and his minor children, Taisha

20  Exanor and Orlena Poulard, as compensation for the death of

21  Nancy Mervil, wife of Jesnor Exanor and mother of the minor

22  children, Taisha Exanor and Orlena Poulard, due to the

23  negligence of an employee of the City of Delray Beach. After

24  payment of statutory attorney's fees and costs and authorized

25  expenses, the proceeds recovered under this act shall be used

26  to purchase annuities for the benefit of Jesnor Exanor and his

27  minor children, Taisha Exanor and Orlena Poulard.

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

29  law.

30

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