Senate Bill sb0072

    Florida Senate - 2002        (NP)                        SB 72

    By Senator Diaz de la Portilla





    34-71-02

  1                      A bill to be entitled

  2         An act relating to Lee County; providing for

  3         the relief of Jacob P. Darna, a minor, for

  4         injuries sustained as a result of the

  5         negligence of the Lee County School Board;

  6         providing an effective date.

  7

  8         WHEREAS, on May 23, 1995, Jacob P. Darna was a

  9  10-year-old fifth-grade student who accompanied his elementary

10  school class on an orientation trip to Trafalgar Middle School

11  in Cape Coral, Lee County, Florida, and

12         WHEREAS, Jacob's elementary school had no bleachers and

13  he had little experience in walking on bleachers, and

14         WHEREAS, the bleachers at the Trafalgar Middle School

15  gymnasium have lines on them indicating that the occupancy

16  level should be 1 person per set of lines; however, the

17  teachers did not sit the students according to the occupancy

18  levels, and, in some instances, the teachers admitted that

19  they "packed the kids in there," and

20         WHEREAS, the bleachers were "pullout" bleachers and had

21  no aisles to walk down, although there were metal railings at

22  each end to ensure that the children would not fall off the

23  sides, and

24         WHEREAS, upon completion of the program, the children

25  did not receive specific instruction from the teachers to walk

26  to the end of the rows before descending so they proceeded

27  down the seats en masse in an unstructured and unsupervised

28  manner, and

29         WHEREAS, Jacob P. Darna, upon reaching the row of seats

30  closest to the gymnasium floor, felt a push from the crowd

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    Florida Senate - 2002        (NP)                        SB 72
    34-71-02




  1  behind him and fell to the ground, landing on his knee and

  2  hip, and

  3         WHEREAS, Jacob was transported from the accident scene

  4  by emergency medical services personnel and was taken to Cape

  5  Coral Hospital, and subsequently transferred to Lee Memorial

  6  Hospital, and

  7         WHEREAS, it was determined that Jacob P. Darna suffered

  8  a Grade III slipped capital femoral epiphysis of his left hip,

  9  and

10         WHEREAS, surgery was immediately performed on Jacob

11  Darna and pins and screws were placed in his hip, and

12         WHEREAS, following the surgery, Jacob was left with a

13  significant limp and will continue to suffer with a limp the

14  rest of his life and has been advised by his doctors that he

15  will need a full-hip replacement in the future, and

16         WHEREAS, as a result of his injury and resulting

17  surgeries, Jacob P. Darna had to undergo further surgery to

18  his non-injured leg to shorten it in an effort to compensate

19  for the difference in the length of his two legs, and

20         WHEREAS, Jacob P. Darna's medical bills totaled

21  $32,100.91, and the Lee County School Board was given the

22  opportunity to settle this matter for $20,000, based upon an

23  offer of judgment, but the highest offer the board made was

24  $5,000, and

25         WHEREAS, the matter went to a jury trial and Jacob P.

26  Darna was awarded $268,750, and, as of June 13, 2001, the

27  school board had not appealed the judgment, but verbally

28  indicated that it will pay the amount it owes under section

29  768.28, Florida Statutes, and

30         WHEREAS, after such payment, the remaining

31  excess-judgment amount will be $168,750, NOW, THEREFORE,

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    Florida Senate - 2002        (NP)                        SB 72
    34-71-02




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

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

  4  act are found and declared to be true.

  5         Section 2.  The Lee County School Board is authorized

  6  and directed to appropriate from funds not otherwise

  7  appropriated, and to draw a warrant in the amount of $168,750,

  8  which amount includes statutory attorney's fees and costs,

  9  payable to Michelle Darna and Jacob Darna, legal guardians of

10  Jacob P. Darna, to be placed in the guardianship account of

11  Jacob P. Darna to compensate him for injuries and damages

12  sustained as a result of the negligence of the Lee County

13  School Board. Upon the death of Jacob P. Darna, any balance of

14  the $168,750 remaining in the guardianship account shall

15  revert to the Lee County School Board. It is the intent of the

16  Legislature that no funds exceeding $168,750 appropriated by

17  this act be subsequently spent, or any obligation thereof be

18  subsequently incurred by the guardian, without prior order of

19  the circuit court.

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

21  law.

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