Senate Bill sb0064

    Florida Senate - 2002        (NP)                        SB 64

    By Senator Klein





    28-129B-02

  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 Mr. Exanor and his deceased wife,

  7         Nancy Mervil; authorizing and directing the

  8         City of Delray Beach to compensate them for the

  9         death of Mrs. Mervil due to the negligence of

10         an employee of the city; providing an effective

11         date.

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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 recklessly driving his vehicle at a speed of

25  between 85 and 90 mph in a 45-mph zone, lost control of his

26  vehicle, struck the rear of Mrs. Mervil's vehicle, and caused

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

28  hood of another vehicle, and

29         WHEREAS, Mrs. 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 Senate - 2002        (NP)                        SB 64
    28-129B-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 section 316.072(5)(c), Florida Statutes, by failing

  7  to 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, Mr. Exanor, individually, on behalf of the two

13  minor children, and as personal representative of his wife's

14  estate, filed suit against the City of Delray Beach, and

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

16  admitted that the police officer negligently caused Nancy

17  Mervil's death, and

18         WHEREAS, the economic damages in this case are

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

20  assumption that Mrs. Mervil would have continued to be

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

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

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

24  as a nurse, as she had planned, and

25         WHEREAS, subsequent to the filing of the complaint in

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

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

28  Delray Beach for a cash payment of $195,000 plus the purchase

29  of annuities totaling $1,305,000, and

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

31  settlement proceeds be distributed to Mr. Exanor and 25

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    Florida Senate - 2002        (NP)                        SB 64
    28-129B-02




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

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

  3  allowing the city to reimburse the claimants in an amount

  4  greater than that allowed by section 768.28, Florida Statutes,

  5  providing for waiver of sovereign immunity, NOW, THEREFORE,

  6

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

  8

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

10  act are found and declared to be true.

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

12  directed to appropriate from funds of the city not otherwise

13  appropriated and to draw warrants in the total amount of $1.5

14  million to Jesnor Exanor and his minor children, Taisha Exanor

15  and Orlena Poulard, as compensation for the death of Nancy

16  Mervil, wife of Mr. Exanor and mother of the minor children,

17  due to the negligence of a city employee. After payment of

18  statutory attorney's fees and costs and authorized expenses,

19  the proceeds recovered under this act shall be disbursed as

20  follows: $195,000 to be paid to Jesnor Exanor and the

21  remainder to purchase annuities for the benefit of Jesnor

22  Exanor and his minor children, Taisha Exanor and Orlena

23  Poulard.

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

25  law.

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