Senate Bill sb0028

    Florida Senate - 2004        (NP)                        SB 28

    By Senator Hill





    1-16-04

  1                      A bill to be entitled

  2         An act relating to Duval County; providing for

  3         the relief of Betty Obenza; authorizing and

  4         directing Duval County to compensate Betty

  5         Obenza for injuries sustained as a result of

  6         the negligence of an employee of the

  7         Jacksonville Electric Authority; providing for

  8         attorney's fees and costs; providing an

  9         effective date.

10  

11         WHEREAS, on June 5, 2000, Betty Obenza was driving her

12  vehicle north on Belfort Road in Jacksonville, Duval County,

13  Florida, and

14         WHEREAS, an employee of the Jacksonville Electric

15  Authority was also driving north on Belfort Road, directly

16  behind Ms. Obenza, and

17         WHEREAS, Ms. Obenza and the employee of the

18  Jacksonville Electric Authority were both stopped at a red

19  traffic signal on Belfort Road, and

20         WHEREAS, the Jacksonville Electric Authority employee's

21  foot slipped off the brake pedal and the authority's vehicle

22  crashed into the rear of Ms. Obenza's vehicle, and

23         WHEREAS, the employee admitted that he was solely

24  responsible for the accident, and

25         WHEREAS, as a result of the collision, Ms. Obenza

26  suffered personal injury to the cervical region of her body,

27  including a central and paracentral herniated disc at C4-5 of

28  her cervical spine and a disc bulge at C5-6 of her cervical

29  spine, and

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






    Florida Senate - 2004        (NP)                        SB 28
    1-16-04




 1         WHEREAS, several months later, it was discovered that

 2  Ms. Obenza had additional injuries to the back, in the lumbar

 3  region of her spine, and

 4         WHEREAS, as a result of the accident, litigation was

 5  filed in the Circuit Court for the Fourth Judicial Circuit and

 6  the matter was tried before a jury, and

 7         WHEREAS, on May 21, 2003, the Circuit Court for the

 8  Fourth Judicial Circuit issued a final judgment against the

 9  Jacksonville Electric Authority for Ms. Obenza in the sum of

10  $317,675.61, and

11         WHEREAS, Duval County has not paid Ms. Obenza $100,000,

12  the statutory limit under section 768.28, Florida Statutes,

13  NOW, THEREFORE,

14  

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

16  

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

18  act are found and declared to be true.

19         Section 2.  Duval County is authorized and directed to

20  appropriate from funds of the county not otherwise

21  appropriated and to draw a warrant payable to Betty Obenza in

22  the amount of $317,675.61, which amount includes statutory

23  attorney's fees and costs, for injuries and damages sustained

24  due to the negligence of the Jacksonville Electric Authority.

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

26  law.

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