HB 0303 2003
1	A bill to be entitled
2	An act relating to Miami-Dade County; providing for the
3	relief of Jonathan Snell, a minor, and Erika Snell, a
4	minor, by and through their mother and natural guardian,
5	Latisha Snell; providing for an appropriation to
6	compensate them for injuries and damages sustained as a
7	result of the negligence of Miami-Dade County; providing
8	for the use of such funds; providing for payment of costs,
9	attorneys' fees, and outstanding medical bills; providing
10	an effective date.
11
12	WHEREAS, on May 26, 1998, 20-month-old Jonathan Snell
13	and his sister, Erika Snell, age 3, were both run over by a
14	Miami-Dade County bus, causing severe injuries to their lower
15	extremities, and
16	WHEREAS, while the children were positioned on a grassy
17	median off the roadway, the bus, upon making a right-hand turn
18	too sharply, jumped the curb with its rear wheels and ran
19	over the children, and
20	WHEREAS, the incident, which occurred at the
21	intersection of Northwest 14th Avenue and 183rd Street in
22	Miami-Dade County, Florida, was witnessed by several
23	independent persons and responsibility for the negligence of
24	the bus operator was not contested, and
25	WHEREAS, multiple surgical procedures were performed on
26	both children at Jackson Memorial Hospital by a skilled
27	orthopedic surgeon, Steven Stricker, M.D., and each child has
28	been left with permanent impairment and scarring, and
29	WHEREAS, a lawsuit for damages was brought against
30	Miami-Dade County by and through the children's mother and
31	guardian, Latisha Snell, and after extensive discovery just
32	prior to trial, the case was settled during a second mediation
33	in exchange for Miami-Dade County's support of a claim bill, and
34	WHEREAS, Miami-Dade County agreed to the entry of a final
35	judgment for Jonathan Snell in the amount of $400,000 and for
36	Erika Snell in the amount of $137,000, and the county has
37	partially satisfied the final judgment by paying $100,000 for
38	the benefit of each child in accordance with the limits
39	established under s. 768.28, Florida Statutes, NOW, THEREFORE,
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.The facts stated in the preamble to this act
44	are found and declared to be true.
45	Section 2.The Miami-Dade County Commission is authorized
46	and directed to appropriate from funds of the county not
47	otherwise appropriated and to draw a warrant in the sum of
48	$300,000 payable to Latisha Snell, as guardian of Jonathan
49	Snell, as compensation for injuries and damages sustained by
50	Jonathan Snell, minor child of Latisha Snell, due to the
51	negligence of Miami-Dade County.
52	Section 3.The Miami-Dade County Commission is authorized
53	and directed to appropriate from funds of the county not
54	otherwise appropriated and to draw a warrant in the sum of
55	$37,000 payable to Latisha Snell, as guardian of Erika Snell, as
56	compensation for injuries and damages sustained by Erika Snell,
57	minor child of Latisha Snell, due to the negligence of Miami-
58	Dade County.
59	Section 4.After payment of attorneys' fees, costs, and
60	medical bills, the balance of the moneys appropriated shall be
61	used to purchase an annuity for each child. Each child shall be
62	eligible to receive periodic payments from his or her annuity
63	upon reaching the age of majority.
64	Section 5. This act shall take effect upon becoming a law.
65