HB 0423 2004
1	A bill to be entitled
2	An act relating to the City of Hialeah; providing for the
3	relief of Jose Pena, as Personal Representative of the
4	Estate of Carmen Pena, deceased, and individually, as
5	surviving father of Katherine Pena and Richard Pena,
6	deceased minor children of Carmen Pena and Jose Pena;
7	providing for the relief of Johammes Pena, surviving son
8	of Carmen Pena; providing for an appropriation to
9	compensate them for the death of Carmen Pena, Katherine
10	Pena, and Richard Pena as a result of the negligence of
11	the City of Hialeah; providing an effective date.
12
13	WHEREAS, on October 21, 1990, Carmen Pena was driving her
14	family car on West 68th Street, near West 26th Drive in the City
15	of Hialeah, and
16	WHEREAS, riding as passengers in Carmen Pena's car on
17	October 21, 1990, were 6-year-old Katherine Pena, minor child of
18	Carmen Pena and Jose Pena, 12-year-old Richard Pena, minor child
19	of Carmen Pena and Jose Pena, 16-year-old Johammes Pena, minor
20	child of Carmen Pena and Jose Pena, and Jose Pena, ex-husband of
21	Carmen Pena and father of minor children Katherine Pena, Richard
22	Pena, and Johammes Pena, and
23	WHEREAS, on October 21, 1990, the vehicle being driven by
24	Carmen Pena left the roadway on which she was traveling and hit
25	a dangerously large drop-off as she was attempting to return to
26	the road, which caused Carmen Pena to lose control of her
27	vehicle and veer into a canal, and
28	WHEREAS, as a result of the accident, Carmen Pena,
29	Katherine Pena, and Richard Pena were killed, and
30	WHEREAS, on July 15, 1991, a complaint was filed on behalf
31	of the Estates of Carmen Pena, Katherine Pena, and Richard Pena,
32	and on behalf of the surviving father, Jose Pena, and on behalf
33	of the surviving son, Johammes Pena, and
34	WHEREAS, in the complaint, the City of Hialeah was charged
35	with failing to properly inspect and maintain the roadway and
36	shoulder of the roadway, allowing a large and dangerous drop-off
37	to occur on the shoulder, and
38	WHEREAS, on October 28, 1994, the jury returned a verdict
39	against the City of Hialeah finding the City of Hialeah to be 75
40	percent negligent and Carmen Pena to be 25 percent negligent,
41	and
42	WHEREAS, final judgments were entered for Johammes Pena in
43	the amount of $187,500 for the loss of his mother, Carmen Pena;
44	for Jose Pena in the amount of $78,395.84 for the loss of his
45	daughter, Katherine Pena; for Jose Pena in the amount of
46	$242,199.65 for the loss of his son, Richard Pena; and for Jose
47	Pena in the amount of $784,570.04 for the Estate of Carmen Pena,
48	and
49	WHEREAS, the total amount of the final judgments is
50	$1,292,665.53, and
51	WHEREAS, costs were awarded in the amount of $8,395.61, and
52	WHEREAS, the total amount of the net final judgment is
53	$1,301,061.14, and
54	WHEREAS, the City of Hialeah has paid $200,000 in
55	accordance with the limits set forth in section 768.28, Florida
56	Statutes, leaving an unpaid judgment in the amount of
57	$1,101,061.14, NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1. The facts stated in the preamble to this act
62	are found and declared to be true.
63	Section 2. The City of Hialeah is authorized and directed
64	to appropriate from funds of the city not otherwise appropriated
65	and to draw a warrant payable to Jose Pena, as Personal
66	Representative of the Estate of Carmen Pena, for the total
67	amount of $592,965.65, for injuries and damages sustained due to
68	the death of Carmen Pena.
69	Section 3. The City of Hialeah is authorized and directed
70	to appropriate from funds of the city not otherwise appropriated
71	and to draw a warrant payable to Jose Pena, individually, for
72	the total amount of $320,595.49 for injuries and damages
73	sustained due to the death of his daughter, Katherine Pena, a
74	minor, and his son, Richard Pena, a minor.
75	Section 4. The City of Hialeah is authorized and directed
76	to appropriate from funds of the city not otherwise appropriated
77	and to draw a warrant payable to Johammes Pena, surviving son of
78	Carmen Pena, for the total amount of $187,500 for injuries and
79	damages sustained due to the death of his mother, Carmen Pena,
80	due to the negligence of the City of Hialeah.
81	Section 5. This act shall take effect upon becoming a law.