Senate Bill sb0038

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 38

    By Senator Pruitt





    26-25A-03

  1                      A bill to be entitled

  2         An act relating to the Indian River County

  3         School Board; providing for the relief of

  4         Amanda Johnson, a minor, and her parents and

  5         natural guardians, for injuries sustained due

  6         to the negligence of the Indian River County

  7         School Board; providing for the use of such

  8         funds; providing an effective date.

  9  

10         WHEREAS, on January 25, 1999, 7-year-old Amanda Johnson

11  was a passenger on a school bus owned by the Indian River

12  County School Board and operated by its employee, Deborah

13  Colletti, and

14         WHEREAS, Deborah Colletti failed to stop at a stop sign

15  located at the intersection of 45th Street and 66th Avenue in

16  Indian River County, which failure caused the bus to collide

17  with a tractor-trailer traveling on 66th Avenue, resulting in

18  injuries to Amanda Johnson and 15 other children and the

19  deaths of two other persons, and

20         WHEREAS, Deborah Colletti was cited with failure to

21  obey a traffic-control device and failure to yield the

22  right-of-way, and

23         WHEREAS, Amanda Johnson sustained a comminuted fracture

24  of the left femoral shaft with significant displacement and

25  underwent closed reduction and external fixation of the left

26  femoral shaft to correct the injury, and

27         WHEREAS, Amanda Johnson was hospitalized for 11 days,

28  was transferred to a rehabilitation center, where she remained

29  as an in-patient for an additional 7 days, and was discharged

30  and received home-health services for 240 days, and

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 38
    26-25A-03




 1         WHEREAS, on May 25, 1999, Amanda Johnson was again

 2  hospitalized and after a pre-operative diagnosis of

 3  hypertrophic nonunion of the left femoral shaft, she

 4  subsequently underwent a second surgery, receiving

 5  open-compression plating of the left femoral hypertrophic

 6  nonunion, with bone biopsy and culture,, and

 7         WHEREAS, Amanda Johnson, as a result of the injury, has

 8  a left femoral overgrowth, resulting in a limb-length

 9  discrepancy that had increased to 2.2 centimeters by February

10  5, 2002, and

11         WHEREAS, Amanda Johnson currently must use a 1/2-inch

12  shoe lift and may require future epiphysiodesis of the

13  elongated left femur, and

14         WHEREAS, Amanda Johnson is receiving continuing medical

15  care following the injury, and

16         WHEREAS, Amanda Johnson has incurred medical expenses

17  totaling $85,762.53, will require future orthopedic visits,

18  and may require future surgery, hospitalization, and physical

19  therapy, and

20         WHEREAS, as a result of a suit filed following the

21  collision, the Indian River County School Board admitted

22  liability for the collision, and, following mediation on

23  February 27, 2002, the parties agreed to a final settlement of

24  all claims in exchange for the payment of $287,500 to be paid

25  in four annual installments, and

26         WHEREAS, as part of the settlement, the Indian River

27  County School Board agreed that following the submission and

28  approval of the settlement at a noticed school-board meeting,

29  the board will join Amanda Johnson in the submission of a

30  claim bill to the Legislature, NOW, THEREFORE,

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 38
    26-25A-03




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

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

 4  act are found and declared to be true.

 5         Section 2.  The Indian River County School Board is

 6  authorized and directed to compensate Amanda Johnson, in the

 7  total amount of $287,500, payable over a 4-year period in

 8  equal installments of $71,875 each, the first payment to be

 9  made on the effective date of this act. The funds designated

10  for the benefit of Amanda Johnson shall be used to pay

11  statutory fees, costs, outstanding medical liens, and for her

12  other immediate needs, and the remaining funds shall be placed

13  into a special need trust created for the use and benefit of

14  Amanda Johnson. Any funds remaining in the special needs trust

15  at Amanda Johnson's death, after payment of any outstanding

16  medical liens, shall revert to the Indian River County School

17  Board.

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

19  law.

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