HB 0689 2003
1	A bill to be entitled
2	An act relating to the City of Neptune Beach; providing
3	for the relief of Tommy Cusick, a minor; providing for an
4	appropriation to compensate him for injuries and damages
5	sustained due to the negligence of the City of Neptune
6	Beach; providing for attorney's fees and costs; providing
7	an effective date.
8
9	WHEREAS, on August 5, 1998, Tommy Cusick, a minor,
10	sustained injuries in Futch Park in Neptune Beach, a park that
11	was owned and maintained by the City of Neptune Beach and that
12	was open to members of the public, including minors, and
13	WHEREAS, prior to August 5, 1998, the City of Neptune Beach
14	placed a park bench constructed of recycled plastic that was as
15	hard as concrete beneath a large tree in Futch Park, and
16	WHEREAS, prior to August 5, 1998, the City of Neptune Beach
17	had actual knowledge that children, including Tommy Cusick, a
18	minor, repeatedly climbed the tree and that boards had been
19	nailed onto the tree to facilitate climbing, and
20	WHEREAS, at least one of the city’s employees, prior to
21	August 5, 1998, was of the opinion that the bench posed a hazard
22	to any child that might fall from the tree, expressed those
23	concerns to his superiors who had authority to remove the bench,
24	and recommended that the bench be removed from underneath the
25	tree, but the bench was not removed, and
26	WHEREAS, on August 5, 1998, Tommy Cusick, a minor, who was
27	eight years old at the time, fell from the tree, struck the
28	bench while falling, and sustained injuries as a result of
29	striking the bench, which injuries included a shattered upper
30	jaw, the loss of six teeth, and severe lip lacerations that
31	required corrective surgery, and
32	WHEREAS, the jury found that the City of Neptune Beach had
33	been negligent and that the negligence constituted 80 percent of
34	the legal cause of the injuries and damages to Tommy Cusick, and
35	WHEREAS, pursuant to an amended final judgment entered on
36	May 1, 2001, the court awarded damages in the amount of
37	$181,387.51, with postjudgment interest accruing at the legal
38	rate through the date of payment, to Tommy Cusick, a minor, by
39	and through his parent and natural guardian, Terri Cusick, and
40	WHEREAS, postjudgment interest on the unpaid balance
41	through March 4, 2003, is $15,007.90, and
42	WHEREAS, the City of Neptune Beach has paid $100,000 toward
43	this judgment, pursuant to section 768.28, Florida Statutes,
44	NOW, THEREFORE,
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1. The facts stated in the preamble to this act
49	are found and declared to be true.
50	Section 2. The City of Neptune Beach is authorized and
51	directed to appropriate from funds of the city not otherwise
52	appropriated and to draw a warrant in the sum of $96,395.41
53	payable to Terri Cusick, as parent and natural guardian of Tommy
54	Cusick, a minor, for the benefit of Tommy Cusick, a minor, as
55	compensation for injuries and damages sustained. After payment
56	of statutory attorney's fees and costs, the balance shall be
57	paid into the guardianship account established for Tommy Cusick.
58	Section 3. This act shall take effect upon becoming a law.