HB 0245

CS

CHAMBER ACTION

1	The Committee on Judiciary recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act for the relief of Dr. Sherrill Lynn Aversa,
8	deceased; providing an appropriation to compensate the
9	estate of Dr. Sherrill Lynn Aversa for the death of Dr.
10	Sherrill Lynn Aversa as the result of negligence by an
11	employee of the Department of Transportation; providing
12	for attorney's fees and costs; providing an effective
13	date.
14
15	WHEREAS, on June 21, 1999, an employee of the Department of
16	Transportation was driving a departmental truck northbound on
17	Interstate 75 in Hillsborough County, Florida, and
18	WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having
19	completed an interview with the University of South Florida
20	Medical School, was traveling south on Interstate 75, and
21	WHEREAS, by departmental policy, employees of the
22	department are required to ensure that all items used by the
23	department and stored on a departmental truck are appropriately
24	secured to the truck, and
25	WHEREAS, one such item used by the department and stored on
26	the truck was a 12-foot extension ladder stored on the top of
27	the truck, and
28	WHEREAS, the department's employee failed to ensure that
29	the ladder was secured to the truck before leaving the
30	department's maintenance yard, and
31	WHEREAS, thereafter, while the employee traveled northbound
32	on Interstate 75, the extension ladder flew from the roof of the
33	truck into the northbound traffic following the department's
34	truck, and
35	WHEREAS, the driver to the rear of the department's truck
36	swerved to avoid hitting the extension ladder which came
37	directly at the driver in her lane of Interstate 75, and
38	WHEREAS, as a result of the swerving movements, the driver
39	of the car behind the department's truck lost control of her
40	vehicle, veered to the left, crossed the Interstate 75 median,
41	and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,
42	and
43	WHEREAS, as a result of these events, the estate of Dr.
44	Aversa brought suit against the Department of Transportation for
45	the negligence causing the death of Dr. Aversa, and
46	WHEREAS, after 3 years of litigation, the department
47	admitted liability for the accident and agreed to settle the
48	case, and
49	WHEREAS, the parties agreed to a consent judgment solely
50	against the department, with no comparative negligence finding
51	against any other party, in the amount of $800,000, and
52	WHEREAS, the Department of Transportation has paid $150,000
53	to the estate of Dr. Sherrill Lynn Aversa, and her husband, Lee
54	A. Crandall, under the statutory limits of liability set forth
55	in section 768.28, Florida Statutes, NOW, THEREFORE,
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  The facts stated in the preamble to this act
60	are found and declared to be true.
61	Section 2.  The Executive Office of the Governor is
62	directed to establish spending authority from unappropriated
63	trust fund balances in the Department of Transportation in the
64	amount of $650,000 to a new category titled "Relief: Estate of
65	Dr. Sherrill Lynn Aversa" as relief for injuries and damages
66	sustained, which amount includes attorney's fees and costs.
67	Section 3.  The Chief Financial Officer is directed to draw
68	a warrant, pursuant to the Stipulated Settlement Agreement
69	executed by the Department of Transportation and the personal
70	representative of the estate of Dr. Sherrill Lynn Aversa, in the
71	sum of $650,000 upon funds of the Department of Transportation
72	in the State Treasury, and the Chief Financial Officer is
73	directed to pay the same out of such funds in the State
74	Treasury.
75	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.