HB 0515 2003
1	A bill to be entitled
2	An act relating to St. Lucie County; providing for the
3	relief of Richard Ebner and Denise Ebner; providing for an
4	appropriation to compensate them for injuries sustained
5	due to the negligence of St. Lucie County; providing for
6	the use of such funds; providing an effective date.
7
8	WHEREAS, on February 6, 1996, Richard and Denise Ebner
9	were standing in front of their vehicle off the northbound
10	shoulder of Glades Cut-Off Road in Fort Pierce, Florida, and
11	WHEREAS, a car was traveling in the northbound lane of
12	Glades Cut-Off Road and approaching the area where the Ebners
13	were parked, and
14	WHEREAS, a dump truck owned by St. Lucie County, while
15	traveling in the southbound lane, collided with the other car,
16	causing it to strike the Ebner's vehicle and Richard and Denise
17	Ebner, and
18	WHEREAS, the collision was caused by the negligence of the
19	driver of the St. Lucie County dump truck, and
20	WHEREAS, as a result of the collision, Richard Ebner
21	sustained a right zygomaticomaxillary complex fracture, right
22	orbital rim and orbital floor fracture, right medial orbital
23	wall fracture, right maxillary sinus wall fractures, LaForte 1
24	fracture of the right maxilla, right pneumothorax, right basilar
25	skull fracture, concussion, scalp laceration, open bite
26	deformity, trigeminal neuralgia of the first division with
27	overflow, loss of vision in the right eye, and right sepal
28	deformity, and
29	WHEREAS, Richard Ebner, as a result of such injuries,
30	suffers from almost constant severe shooting pains in his face
31	and head, frequent migraine headaches, dizziness, fainting,
32	memory loss, and loss of concentration, and his mental capacity
33	has been greatly reduced, and
34	WHEREAS, Richard Ebner has incurred medical bills in excess
35	of $84,000 as a result of his injuries, and
36	WHEREAS, Denise Ebner, as a result of the collision,
37	sustained a torn medial meniscus and tear of the medial
38	collateral ligament in her right knee, which required surgical
39	arthroscopy, partial medial meniscecomy, and synovectomy of the
40	medial compartment, and
41	WHEREAS, Denise Ebner continues to suffer from right-knee
42	pain and stiffness, burning sensations in her right leg,
43	numbness in her right foot, and lower back pain, and
44	WHEREAS, Denise Ebner has incurred medical bills in excess
45	of $7,000 as a result of her injuries, and
46	WHEREAS, as a result of his injuries, Richard Ebner is no
47	longer able to operate his nursery and landscaping business,
48	resulting in a loss of revenue which has caused the Ebners to
49	mortgage their family home, placing it in danger of foreclosure,
50	and
51	WHEREAS, the injuries have financially devastated the
52	Ebners and have significantly decreased their quality of life,
53	and
54	WHEREAS, the Ebners have received $15,000 in a settlement
55	with the driver of the vehicle that struck them, have received
56	$300,000 from their underinsured motorist insurance carrier, and
57	have agreed to a settlement with St. Lucie county in the amount
58	of $200,000, plus an agreement for the county to support a claim
59	bill in the amount of $50,000, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2. The Board of County Commissioners of St. Lucie
66	County is authorized and directed to appropriate from funds of
67	the county not otherwise appropriated and to draw a warrant in
68	the sum of $50,000 payable to Richard Ebner and Denise Ebner to
69	compensate them for injuries sustained due to the negligence of
70	St. Lucie County. The funds designated for their benefit shall
71	be used to pay statutory fees, costs, outstanding medical liens,
72	and other immediate needs of the claimants.
73	Section 3. This act shall take effect upon becoming a law.