Senate Bill sb0012

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 12

    By Senator Pruitt





    28-21A-03

  1                      A bill to be entitled

  2         An act for the relief of Rocky Bowling;

  3         providing an appropriation to compensate Mr.

  4         Bowling for damages sustained as a result of

  5         the negligence of the Department of

  6         Transportation; providing an effective date.

  7  

  8         WHEREAS, on or about May 4, 1992, Rocky Bowling, a

  9  37-year-old husband, was lawfully riding a motorcycle in a

10  northerly direction on State Road 600 in Seminole County,

11  heading around the lakefront of Lake Monroe and approaching

12  the Interstate 4 overpass, and

13         WHEREAS, there was on the roadway an obstruction that

14  appeared to be part of a plastic barrier relating to road

15  construction that was or had been underway at that site, and

16         WHEREAS, Mr. Bowling reasonably attempted to avoid the

17  obstruction by swerving into what appeared to be a grass

18  median, and

19         WHEREAS, contrary to appearances, there was at the edge

20  of the median a raised curb that was not properly marked or

21  distinguishable by painting or otherwise, and the grass beyond

22  the curb was negligently maintained so as to allow growth over

23  the curb, thereby hiding the curb from Rocky Bowling's view,

24  and

25         WHEREAS, upon making contact with the curb, Mr.

26  Bowling's motorcycle was launched upward, causing the

27  motorcycle to rotate and causing Mr. Bowling to crash

28  violently to the roadway and median area, which resulted in

29  extensive and very serious physical injuries to Mr. Bowling,

30  damages to his motorcycle, and loss of consortium for his

31  spouse, and

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 12
    28-21A-03




 1         WHEREAS, the curb and obstruction were dangerous

 2  conditions that existed with the knowledge or consent of the

 3  Department of Transportation and that were negligently

 4  maintained by the department or were allowed to be negligently

 5  maintained by others, and

 6         WHEREAS, the road construction and maintenance was an

 7  inherently dangerous procedure, the liability for which cannot

 8  be delegated to others, and the department had the duty to

 9  supervise the proper and safe completion of the construction

10  so as not to injure Rocky Bowling, and

11         WHEREAS, litigation relating to Mr. Bowling's injuries

12  ensued, and a trial took place May 15-17, 2000, at which it

13  was undisputed that the Department of Transportation was

14  responsible for maintaining the median area, the concrete curb

15  of which was covered by grass, and many witnesses testified

16  that the concrete curb was hidden by grass, and

17         WHEREAS, the jury returned a verdict awarding damages

18  in the sum of $3,588,716.34, less the sum of $3,500, which

19  represented a contribution from the City of Sanford, for a

20  total judgment of $3,585,216.34, and

21         WHEREAS, in response to an appeal filed by the

22  Department of Transportation, the Fifth District Court of

23  Appeal on October 4, 2000, issued an amended final judgment

24  and an order denying defendant's motion for new trial, motion

25  for reconsideration, and motion for judgment notwithstanding

26  the verdict, and

27         WHEREAS, Mr. Bowling is entitled to compensation for

28  his loss of earnings, his past pain and suffering, and the

29  continuing severe pain that he experiences, for which he must

30  rely on pain medication daily for the remainder of his life,

31  NOW, THEREFORE,

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 12
    28-21A-03




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

 2  

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

 4  act are found and declared to be true.

 5         Section 2.  There is appropriated from the General

 6  Revenue Fund to the Department of Transportation the sum of

 7  $3,585,216.34 for the relief of Rocky Bowling for injuries and

 8  damages sustained.

 9         Section 3.  The Comptroller is directed to draw a

10  warrant in favor of Rocky Bowling in the sum of $3,585,216.34

11  upon the funds of the Department of Transportation in the

12  State Treasury, and the State Treasurer is directed to pay the

13  same out of such funds in the State Treasury.

14         Section 4.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Provides an appropriation to compensate Rocky Bowling for
      damages sustained as a result of the negligence of the
20    Department of Transportation.

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