HB 1255 2003
1	A bill to be entitled
2	An act relating to Lee County; providing for the relief of
3	Jacob P. Darna; providing for an appropriation to
4	compensate him for injuries sustained as a result of the
5	negligence of the Lee County School Board; providing an
6	effective date.
7
8	WHEREAS, on May 23, 1995, Jacob P. Darna was a 10-year-old
9	fifth-grade student who accompanied his elementary school class
10	on an orientation trip to Trafalgar Middle School in Cape Coral,
11	Lee County, Florida, and
12	WHEREAS, Jacob P. Darna's elementary school had no
13	bleachers and he had little experience in walking on bleachers,
14	and
15	WHEREAS, the bleachers at the Trafalgar Middle School
16	gymnasium have lines on them indicating that the occupancy level
17	should be one person per set of lines; however, the teachers did
18	not seat the students according to the occupancy levels, and, in
19	some instances, the teachers admitted that they "packed the kids
20	in there," and
21	WHEREAS, the bleachers were "pullout" bleachers and had no
22	aisles to walk down, although there were metal railings at each
23	end to ensure that the children would not fall off the sides,
24	and
25	WHEREAS, upon completion of the program, the children did
26	not receive specific instruction from the teachers to walk to
27	the end of the rows before descending so they proceeded down the
28	seats en masse in an unstructured and unsupervised 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
31	behind him and fell to the ground, landing on his knee and hip,
32	and
33	WHEREAS, Jacob P. Darna was transported from the accident
34	scene by emergency medical services personnel and was taken to
35	Cape Coral Hospital and subsequently transferred to Lee Memorial
36	Hospital, and
37	WHEREAS, it was determined that Jacob P. Darna suffered a
38	Grade III slipped capital femoral epiphysis of his left hip, and
39	WHEREAS, surgery was immediately performed on Jacob P.
40	Darna and pins and screws were placed in his hip, and
41	WHEREAS, following the surgery, Jacob P. Darna was left
42	with a significant limp and will continue to suffer with a limp
43	the rest of his life and has been advised by his doctors that he
44	will need a full-hip replacement in the future, and
45	WHEREAS, as a result of his injury and resulting surgeries,
46	Jacob P. Darna had to undergo further surgery to his non-injured
47	leg to shorten it in an effort to compensate for the difference
48	in the length of his two legs, and
49	WHEREAS, Jacob P. Darna's medical bills totaled $32,100.91,
50	and the Lee County School Board was given the opportunity to
51	settle this matter for $20,000, based upon an offer of judgment,
52	but the highest offer the board made was $5,000, and
53	WHEREAS, the matter went to a jury trial and Jacob P. Darna
54	was awarded $268,750, and, as of June 13, 2001, the school board
55	had not appealed the judgment, but verbally indicated that it
56	will pay the amount it owes under section 768.28, Florida
57	Statutes, and
58	WHEREAS, the claimant and the Lee County School Board have
59	agreed to a settlement of the claim in the amount of $75,000,
60	and
61	WHEREAS, after payment of the amount owed pursuant to
62	section 768.28, Florida Statutes, the remaining excess judgment
63	amount will be $75,000, NOW, THEREFORE,
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1. The facts stated in the preamble to this act
68	are found and declared to be true.
69	Section 2. The Lee County School Board is authorized and
70	directed to appropriate from funds of the school board not
71	otherwise appropriated and to draw a warrant in the sum of
72	$75,000, which amount includes statutory attorney's fees and
73	costs, payable to Jacob P. Darna to compensate him for injuries
74	and damages sustained as a result of the negligence of the Lee
75	County School Board.
76	Section 3. This act shall take effect upon becoming a law.