HB 0683

1	A bill to be entitled
2	An act relating to Volusia County; providing for the
3	relief of Cordell Davidson and Veronica Hensley Davidson;
4	providing for an appropriation to compensate them for
5	injuries and damages suffered as a result of the
6	negligence of Volusia County; providing a schedule of
7	payments; providing an effective date.
8
9	WHEREAS, at approximately 7:51 p.m. on Saturday, March 6,
10	1999, Cordell Davidson and his fiancee, Veronica Hensley, were
11	proceeding south on U.S. Highway 1 in Oak Hill on Mr. Davidson's
12	motorcycle, and
13	WHEREAS, at the intersection of U.S. Highway 1 and Center
14	Street, a volunteer fireman who was driving a fire engine owned
15	by Volusia County began a left-hand turn that placed the fire
16	engine directly in the path of the motorcycle, with the result
17	that the two vehicles violently collided, and
18	WHEREAS, both Mr. Davidson and Miss Hensley were crushed
19	between the vehicles, then propelled airborne well over 100 feet
20	by the force of the impact, and
21	WHEREAS, an eyewitness testified that the motorcycle was
22	not exceeding the speed limit, and Mr. Davidson was not cited
23	for any violations or improper actions, and
24	WHEREAS, the operator of the fire engine was cited by the
25	Florida Highway Patrol for violating s. 316.122, Florida
26	Statutes, which requires that a vehicle attempting to turn left
27	at an intersection yield the right-of-way to any vehicle
28	approaching from the opposite direction which is close enough to
29	the intersection so as to constitute an immediate hazard, and
30	WHEREAS, in the accident, Mr. Davidson suffered severe
31	injuries, including multiple rib fractures, bilateral pulmonary
32	contusions, a separation of the pubic symphysis, an open femur
33	fracture, a significant left-heel degloving injury, and a deep
34	laceration to the left upper forearm, which required immediate
35	surgery and necessitated his being on ventilator support, and
36	WHEREAS, during the subsequent months he underwent repeated
37	surgeries, experienced continuing complications, and was advised
38	to have his left leg amputated, a treatment that he declined,
39	and
40	WHEREAS, he continues to have physical therapy for problems
41	with his left leg and must occasionally use a cane or crutches,
42	and
43	WHEREAS, his medical bills total $1,103,119.80, and the
44	present value of his total economic loss has been estimated at
45	$1,536,802, and
46	WHEREAS, Miss Hensley, who is now Mrs. Davidson, was
47	airlifted to a hospital after the accident, where her admitting
48	diagnosis was severe blunt trauma to her left lower extremity,
49	fracture of the left femur, liver laceration, spleen laceration,
50	fractured tibia, traumatic pneumothorax, and fracture of the
51	lumbar spine, and
52	WHEREAS, due to irreparable damage to her left leg, that
53	leg was amputated above the knee, and
54	WHEREAS, Mrs. Davidson was approximately 6 months pregnant
55	when this claim bill was submitted and was experiencing problems
56	with her prosthesis as a result of weight gain and prenatal
57	changes in her body, and
58	WHEREAS, Mrs. Davidson's injuries necessitate her
59	occasional use of a wheelchair and have resulted in a medical
60	recommendation that she use a motor scooter during the latter
61	phase of her pregnancy and to carry her child after its birth,
62	and
63	WHEREAS, Mrs. Davidson's medical bills total $113,904.29,
64	and the present value of her total economic loss has been
65	estimated at $1,167,698, and
66	WHEREAS, Volusia County has paid to the Davidsons the
67	maximum amounts allowed under s. 768.28, Florida Statutes, has
68	approved an additional settlement of $4.7 million, and will
69	support presentation of a claim bill in that amount in the
70	Florida Legislature, NOW, THEREFORE,
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  The facts stated in the preamble to this act
75	are found and declared to be true.
76	Section 2.  Volusia County is authorized and directed to
77	appropriate from funds of the county not otherwise appropriated
78	and to draw a warrant payable to Mr. and Mrs. Cordell Davidson
79	for the total amount of $4.7 million, to compensate them for
80	injuries and damages sustained as a result of the negligence of
81	Volusia County, which payment shall be made according to the
82	following schedule:
83	(1)  $1,175,000 on July 1, 2004;
84	(2)  $1,175,000 on July 1, 2005;
85	(3)  $1,175,000 on July 1, 2006; and
86	(4)  $1,175,000 on July 1, 2007.
87	Section 3.  This act shall take effect upon becoming a law.

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