Senate Bill sb0188

    Florida Senate - 2003        (NP)                       SB 188

    By Senator Hill





    1-356-03

  1                      A bill to be entitled

  2         An act relating to the City of Neptune Beach;

  3         providing for the relief of Tommy Cusick, a

  4         minor, for injuries sustained due to negligence

  5         of the City of Neptune Beach; providing for

  6         attorney's fees and costs; providing an

  7         effective date.

  8  

  9         WHEREAS, prior to August 5, 1998, the City of Neptune

10  Beach owned and maintained a park, called Futch Park, which

11  was open to the public, including minors, and

12         WHEREAS, prior to August 5, 1998, the City of Neptune

13  Beach placed a park bench, constructed in part of concrete,

14  beneath a large tree in Futch Park, and

15         WHEREAS, before August 5, 1998, the City of Neptune

16  Beach had actual knowledge that children, including the minor

17  Tommy Cusick, repeatedly climbed the tree and that boards had

18  been nailed onto the tree to facilitate climbing, and

19         WHEREAS, at least one of the city's employees, prior to

20  August 5, 1998, was of the opinion that the bench posed a

21  hazard to any child who might fall from the tree, expressed

22  those concerns to his superiors who had authority to remove

23  the bench, and recommended that the bench be removed from

24  underneath the tree, and yet the bench was not removed, and

25         WHEREAS, on August 5, 1998, the minor Tommy Cusick, who

26  was approximately eight years old at the time, fell from the

27  tree, struck the bench while falling, and sustained injuries

28  as a result of striking the bench, which injuries included a

29  shattered upper jaw, the loss of six teeth, and severe lip

30  lacerations that required corrective surgery, and

31  

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






    Florida Senate - 2003        (NP)                       SB 188
    1-356-03




 1         WHEREAS, the jury found that the City of Neptune Beach

 2  had been negligent and that the negligence constituted 80

 3  percent of the legal cause of the injuries to Tommy Cusick,

 4  and

 5         WHEREAS, pursuant to an amended final judgment entered

 6  on May 1, 2001, the court awarded damages in the amount of

 7  $181,387.51, with postjudgment interest accruing at the legal

 8  rate through the date of payment, to Tommy Cusick, a minor, by

 9  and through his parent and natural guardian, Terri Cusick, and

10         WHEREAS, the City of Neptune Beach has paid $100,000

11  toward this judgment pursuant to section 768.28, Florida

12  Statutes, NOW, THEREFORE,

13  

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

15  

16         Section 1.  The facts stated in the preamble of this

17  act are found and declared to be true.

18         Section 2.  The City of Neptune Beach is authorized and

19  directed to appropriate from funds of the city not otherwise

20  appropriated and to draw a warrant in the amount of

21  $81,387.51, plus postjudgment interest at the legal rate, to

22  compensate Terri Cusick, parent and natural guardian of Tommy

23  Cusick, a minor, for injuries sustained by Tommy Cusick due to

24  the negligence of the City of Neptune Beach. After payment of

25  statutory attorney's fees and costs, the balance shall be paid

26  into the guardianship account established for Tommy Cusick.

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

28  law.

29  

30  

31  

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