Senate Bill sb0036

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 36

    By Senator Diaz de la Portilla





    36-16-03

  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Jonathan Snell and Erika

  4         Dorsey; requiring the county to compensate them

  5         for injuries and damages caused by the

  6         negligence of a Miami-Dade County bus driver;

  7         providing an effective date.

  8  

  9         WHEREAS, on May 26, 1998, 20-month-old Jonathan Snell

10  and his sister, Erika Dorsey, age 3, were both run over by a

11  Miami-Dade County bus, causing severe injuries to their lower

12  extremities, and

13         WHEREAS, while the children were positioned on a grassy

14  median off the roadway, the bus, when making a too-sharp

15  right-hand turn, jumped the curb with its rear wheels and ran

16  over the children, and

17         WHEREAS, the incident which, happened at the

18  intersection of Northwest 14th Avenue and 183rd Street,

19  Miami-Dade County, Florida, was witnessed by several

20  independent persons and responsibility for the negligence of

21  the bus operator was not contested, and

22         WHEREAS, multiple surgical procedures were performed on

23  both children at Jackson Memorial Hospital by a skilled

24  orthopedic surgeon, Steven Stricker, M.D., and each child has

25  been left with permanent impairment and scarring, and

26         WHEREAS, a lawsuit for damages was brought against

27  Miami-Dade County by and through the children's mother and

28  guardian, Latisha Snell and, after extensive discovery, just

29  prior to trial, the case was settled during a second mediation

30  for a deeply discounted amount in exchange for Miami-Dade

31  County's support of a claim bill, and

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 36
    36-16-03




 1         WHEREAS, the county agreed to the entry of a final

 2  judgment for Jonathan Snell in the amount of $400,000 and for

 3  Erika Dorsey in the amount of $137,000, and the county has

 4  partially satisfied the final judgment by paying $100,000 to

 5  each child, NOW, THEREFORE,

 6  

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

 8  

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

10  act are found and declared to be true.

11         Section 2.  The Miami-Dade County Commission is

12  authorized and directed to appropriate from funds not

13  otherwise appropriated and to draw a warrant payable to

14  Latisha Snell for the total amount of $300,000 for injuries

15  and damages received by her son, Jonathan Snell, due to the

16  negligence of the Miami-Dade County bus driver.

17         Section 3.  The Miami-Dade County Commission is

18  authorized and directed to appropriate from funds not

19  otherwise appropriated and to draw a warrant payable to

20  Latisha Snell for the total amount of $37,000 for injuries and

21  damages received by her daughter, Erika Dorsey, due to the

22  negligence of the Miami-Dade County bus driver.

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

24  law.

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