HB 0245 2004
1	A bill to be entitled
2	An act for the relief of Dr. Sherrill Lynn Aversa,
3	deceased; providing an appropriation to compensate the
4	estate of Dr. Sherrill Lynn Aversa for the death of Dr.
5	Sherrill Lynn Aversa as the result of negligence by an
6	employee of the Department of Transportation; providing
7	for attorney's fees and costs; providing an effective
8	date.
9
10	WHEREAS, on June 21, 1999, an employee of the Department of
11	Transportation was driving a departmental truck northbound on
12	Interstate 75 in Hillsborough County, Florida, and
13	WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having
14	completed an interview with the University of South Florida
15	Medical School, was traveling south on Interstate 75, and
16	WHEREAS, by departmental policy, employees of the
17	department are required to ensure that all items used by the
18	department and stored on a departmental truck are appropriately
19	secured to the truck, and
20	WHEREAS, one such item used by the department and stored on
21	the truck was a 12-foot extension ladder stored on the top of
22	the truck, and
23	WHEREAS, the department's employee failed to ensure that
24	the ladder was secured to the truck before leaving the
25	department's maintenance yard, and
26	WHEREAS, thereafter, while the employee traveled northbound
27	on Interstate 75, the extension ladder flew from the roof of the
28	truck into the northbound traffic following the department's
29	truck, and
30	WHEREAS, the driver to the rear of the department's truck
31	swerved to avoid hitting the extension ladder which came
32	directly at the driver in her lane of Interstate 75, and
33	WHEREAS, as a result of the swerving movements, the driver
34	of the car behind the department's truck lost control of her
35	vehicle, veered to the left, crossed the Interstate 75 median,
36	and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,
37	and
38	WHEREAS, as a result of these events, the estate of Dr.
39	Aversa brought suit against the Department of Transportation for
40	the negligence causing the death of Dr. Aversa, and
41	WHEREAS, after 3 years of litigation, the department
42	admitted liability for the accident and agreed to settle the
43	case, and
44	WHEREAS, the parties agreed to a consent judgment solely
45	against the department, with no comparative negligence finding
46	against any other party, in the amount of $797,500, and
47	WHEREAS, the Department of Transportation has paid $100,000
48	to the estate of Dr. Sherrill Lynn Aversa under the statutory
49	limits of liability set forth in section 768.28, Florida
50	Statutes, NOW, THEREFORE,
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1. The facts stated in the preamble to this act
55	are found and declared to be true.
56	Section 2. There is appropriated from the General Revenue
57	Fund to the Department of Transportation the sum of $697,500,
58	which amount includes attorney's fees and costs, for the relief
59	of the estate of Dr. Sherrill Lynn Aversa as compensation for
60	the death of Dr. Sherrill Lynn Aversa.
61	Section 3. The Chief Financial Officer is directed to draw
62	a warrant in favor of the estate of Dr. Sherrill Lynn Aversa in
63	the sum of $697,500 upon funds of the Department of
64	Transportation in the State Treasury, and the Chief Financial
65	Officer is directed to pay the same out of such funds in the
66	State Treasury.
67	Section 4. This act shall take effect upon becoming a law.