HB 0669 2004
1	A bill to be entitled
2	An act relating to Duval County; providing for the relief
3	of Betty Obenza; providing for an appropriation to
4	compensate Betty Obenza for injuries sustained as a result
5	of the negligence of an employee of the Jacksonville
6	Electric Authority; providing for attorney's fees and
7	costs; providing an effective date.
8
9	WHEREAS, on June 5, 2000, Betty Obenza was driving her
10	vehicle north on Belfort Road in Jacksonville, Duval County,
11	Florida, and
12	WHEREAS, an employee of the Jacksonville Electric Authority
13	was also driving north on Belfort Road, directly behind Ms.
14	Obenza, and
15	WHEREAS, Ms. Obenza and the employee of the Jacksonville
16	Electric Authority were both stopped at a red traffic signal on
17	Belfort Road, and
18	WHEREAS, the Jacksonville Electric Authority employee's
19	foot slipped off the brake pedal and the authority's vehicle
20	crashed into the rear of Ms. Obenza's vehicle, and
21	WHEREAS, the employee admitted that he was solely
22	responsible for the accident, and
23	WHEREAS, as a result of the collision, Ms. Obenza suffered
24	personal injury to the cervical region of her body, including a
25	central and paracentral herniated disc at C4-5 of her cervical
26	spine and a disc bulge at C5-6 of her cervical spine, and
27	WHEREAS, several months later, it was discovered that Ms.
28	Obenza had additional injuries to the back, in the lumbar region
29	of her spine, and
30	WHEREAS, as a result of the accident, litigation was filed
31	in the Circuit Court for the Fourth Judicial Circuit and the
32	matter was tried before a jury, and
33	WHEREAS, on May 21, 2003, the Circuit Court for the Fourth
34	Judicial Circuit issued a final judgment against the
35	Jacksonville Electric Authority for Ms. Obenza in the sum of
36	$317,675.61, which was reduced to $305,675.61 to reflect a
37	setoff for collateral sources and which was entered pursuant to
38	a consent final judgment, and
39	WHEREAS, Duval County has paid Ms. Obenza $100,000 pursuant
40	to the statutory limits of liability under section 768.28,
41	Florida Statutes, NOW, THEREFORE,
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. The facts stated in the preamble to this act
46	are found and declared to be true.
47	Section 2. The Board of County Commissioners of Duval
48	County is authorized and directed to appropriate from funds of
49	the county not otherwise appropriated and to draw a warrant
50	payable to Betty Obenza in the amount of $156,555.76, which
51	amount includes statutory attorney's fees and costs, for
52	injuries and damages sustained due to the negligence of the
53	Jacksonville Electric Authority.
54	Section 3. This act shall take effect upon becoming a law.