Senate Bill sb0046

    Florida Senate - 2002        (NP)                        SB 46

    By Senator Pruitt





    27-41A-02

  1                      A bill to be entitled

  2         An act relating to Indian River County;

  3         providing for the relief of Sharon Dixon and

  4         Victor Dixon, Sr.; authorizing and directing

  5         the School Board of Indian River County to

  6         compensate them for the wrongful death of their

  7         minor child, Victor Dixon, Jr., due to the

  8         negligence of an employee of the school board;

  9         providing an effective date.

10

11         WHEREAS, on January 25, 1999, Victor Dixon, Jr., a

12  minor, was a passenger on a school bus owned by the School

13  Board of Indian River County, and

14         WHEREAS, the school bus was being operated by an

15  individual who was acting in the course and scope of her

16  employment as a bus driver for the School Board of Indian

17  River County, and

18         WHEREAS, at the intersection of 66th Avenue and 45th

19  Street in Vero Beach, Indian River County, Florida, the

20  school-bus driver ran a stop sign and collided with a

21  tractor-trailer truck, causing the bus to overturn, and

22         WHEREAS, as a result of the collision, Victor Dixon,

23  Jr., sustained injuries that resulted in his death, and

24         WHEREAS, a court found the School Board of Indian River

25  County vicariously liable for the negligence on the part of

26  its employee, and

27         WHEREAS, during the trial relating to this matter, the

28  defendant, the School Board of Indian River County, admitted

29  that the negligence of its employee in running the stop sign

30  was the sole cause of the accident that caused the death of

31  Victor Dixon, Jr., and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002        (NP)                        SB 46
    27-41A-02




  1         WHEREAS, on July 20, 2000, a jury verdict was returned,

  2  and, on September 14, 2000, a final judgment was entered, in

  3  the amount of $1,500,000 on behalf of Sharon Dixon and

  4  $1,000,000 on behalf of Victor Dixon, Sr., for the wrongful

  5  death of their 8-year-old son and only child, Victor Dixon,

  6  Jr., and

  7         WHEREAS, on November 22, 2000, a writ of execution in

  8  the amount of $275,606.10 was levied against the Indian River

  9  County School Board, and that amount has been paid by the

10  school board, and

11         WHEREAS, that payment represented the amount owed under

12  section 768.28, Florida Statutes, relating to waiver of

13  sovereign immunity, and

14         WHEREAS, at this time, claimants are seeking a claim

15  bill in the amount of $2,224,393.90, which represents the

16  balance owed on the amount awarded in the final judgment, NOW,

17  THEREFORE,

18

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

20

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

22  act are found and declared to be true.

23         Section 2.  The School Board of Indian River County is

24  authorized and directed to compensate Sharon Dixon and Victor

25  Dixon, Sr., for the wrongful death of their minor child,

26  Victor Dixon, Jr., in the amount of $2,224,393.90, which

27  amount includes statutory attorney's fees and costs, out of

28  funds of the School Board of Indian River County not otherwise

29  appropriated.

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

31  law.

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CODING: Words stricken are deletions; words underlined are additions.