Senate Bill sb0032

    Florida Senate - 2004        (NP)                        SB 32

    By Senator Lynn





    7-14A-04

  1                      A bill to be entitled

  2         An act relating to Volusia County; providing

  3         for the relief of Cordell Davidson and Veronica

  4         Hensley Davidson; providing for an

  5         appropriation to compensate them for injuries

  6         and damages suffered as a result of the

  7         negligence of Volusia County; providing a

  8         schedule of payments; providing an effective

  9         date.

10  

11         WHEREAS, at approximately 7:51 p.m. on Saturday, March

12  6, 1999, Cordell Davidson and his fiancee, Veronica Hensley,

13  were proceeding south on U.S. 1 in Oak Hill, on Mr. Davidson's

14  motorcycle, and

15         WHEREAS, at the intersection of U.S. 1 and Center

16  Street, a volunteer fireman who was driving a fire engine

17  owned by Volusia County began a left-hand turn that placed the

18  fire engine directly in the path of the motorcycle, with the

19  result that the two vehicles violently collided, and

20         WHEREAS, both Mr. Davidson and Miss Hensley were

21  crushed between the vehicles, then propelled airborne well

22  over 100 feet by the force of the impact, and

23         WHEREAS, an eyewitness testified that the motorcycle

24  was not exceeding the speed limit, and Mr. Davidson was not

25  cited for any violations or improper actions, and

26         WHEREAS, the operator of the fire engine was cited by

27  the Florida Highway Patrol for violating section 316.122,

28  Florida Statutes, which requires that a vehicle attempting to

29  turn left at an intersection yield the right-of-way to any

30  vehicle approaching from the opposite direction which is close

31  

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






    Florida Senate - 2004        (NP)                        SB 32
    7-14A-04




 1  enough to the intersection so as to constitute an immediate

 2  hazard, and

 3         WHEREAS, in the accident, Mr. Davidson suffered severe

 4  injuries, including multiple rib fractures, bilateral

 5  pulmonary contusions, a separation of the pubic symphysis, an

 6  open femur fracture, a significant left-heel degloving injury,

 7  and a deep laceration to the left upper forearm, which

 8  required immediate surgery and necessitated his being on

 9  ventilator support, and

10         WHEREAS, during the subsequent months he underwent

11  repeated surgeries, experienced continuing complications, and

12  was advised to have his left leg amputated, a treatment that

13  he declined, and

14         WHEREAS, he continues to have physical therapy for

15  problems with his left leg and must occasionally use a cane

16  and crutches, and

17         WHEREAS, his medical bills total $1,103,019.80 and the

18  present value of his total economic loss has been estimated at

19  $1,536,802, and

20         WHEREAS, Miss Hensley, who is now Mrs. Davidson, was

21  airlifted to a hospital after the accident, where her

22  admitting diagnosis was severe blunt trauma to her left lower

23  extremity, fracture of the left femur, liver laceration,

24  spleen laceration, fractured tibia, traumatic pneumothorax,

25  and fracture of the lumbar spine, and

26         WHEREAS, due to irreparable damage to her left leg,

27  that leg was amputated above the knee, and

28         WHEREAS, Mrs. Davidson was approximately 6 months

29  pregnant when this claim bill was submitted and was

30  experiencing problems with her prosthesis as a result of

31  weight gain and prenatal changes in her body, and

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    Florida Senate - 2004        (NP)                        SB 32
    7-14A-04




 1         WHEREAS, Mrs. Davidson's injuries necessitate her

 2  occasional use of a wheelchair and have resulted in a medical

 3  recommendation that she use a motor scooter during the latter

 4  phase of her pregnancy and to carry her child after its birth,

 5  and

 6         WHEREAS, Mrs. Davidson's medical bills total

 7  $113,904.29, and the present value of her total economic loss

 8  has been estimated at $1,167,698, and

 9         WHEREAS, Volusia County has paid to the Davidsons the

10  maximum amounts allowed under the statutory waiver of

11  sovereign immunity, has approved an additional settlement of

12  $4.7 million, and will support presentation of a claim bill in

13  that amount in the Florida Legislature, 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.  Volusia County is authorized and directed

20  to appropriate from funds of the county not otherwise

21  appropriated and to draw a warrant payable to Mr. and Mrs.

22  Cordell Davidson for the total amount of $4.7 million, to

23  compensate them for injuries and damages sustained as a result

24  of the negligence of Volusia County, which payment shall be

25  made according to the following schedule:

26         (1)  $1,175,000 on July 1, 2004;

27         (2)  $1,175,000 on July 1, 2005;

28         (3)  $1,175,000 on July 1, 2006; and

29         (4)  $1,175,000 on July 1, 2007.

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

31  law.

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