House Bill hb0375e1

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                                       HB 375, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the School Board of Palm

  3         Beach County; providing for the relief of Mary

  4         Nell Dent Harley, as legal guardian of Ariel

  5         Alexus Dent, for injuries sustained by Ariel

  6         Alexus Dent as the result of negligence on the

  7         part of an employee of the board; providing an

  8         effective date.

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10         WHEREAS, on March 2, 1999, Ariel Alexus Dent was a

11  6-year-old student in the Palm Beach County school system, and

12         WHEREAS, on that date, as she was properly exiting her

13  school bus, she was struck by the bus, operated by an employee

14  of the School Board of Palm Beach County, and

15         WHEREAS, as a result of being struck three separate

16  times, by the bumper, the front wheels, and the rear wheels of

17  the bus, Ariel sustained severe and permanent injuries, and

18         WHEREAS, Ariel has undergone multiple surgeries,

19  rehabilitation, and physical therapy, and

20         WHEREAS, Ariel has disfiguring scars, is subject to

21  chronic pain in her right leg, and walks with a limp, and

22         WHEREAS, expert medical testimony has established that

23  Ariel has sustained a 22-percent permanent partial impairment

24  of the whole person and a 30-percent permanent functional

25  impairment, and

26         WHEREAS, the School Board of Palm Beach County has

27  admitted liability for the accident that caused Ariel's

28  injuries, and

29         WHEREAS, before trial, the parties reached a settlement

30  under which the School Board of Palm Beach County has paid

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                                       HB 375, First Engrossed/ntc



  1  $200,000 and agreed not to oppose a claim bill in the amount

  2  of $600,000, NOW, THEREFORE,

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

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

  7  act are found and declared to be true.

  8         Section 2.  The School Board of Palm Beach County is

  9  authorized and directed to appropriate from funds of the board

10  not otherwise appropriated and to draw a warrant in the sum of

11  $600,000, payable to Mary Nell Dent Harley as legal guardian

12  of Ariel Alexus Dent. After payment of statutory attorney's

13  fees and costs and authorized expenses, the proceeds recovered

14  used to purchase an annuity for the benefit of Ariel Alexus

15  Dent which will yield her funding beginning at age 18 and

16  consisting of $25,000 per year guaranteed for 5 years;

17  lifetime monthly income of approximately $2,000 per month

18  guaranteed for 360 months beginning at age 22; and guaranteed

19  payments at ages 25 and 30 in the approximate amounts of

20  $50,000 at age 25 and $93,000 at age 30.

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

22  law.

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