| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to Escambia County; providing for the |
| 8 | relief of Bronwen Dodd; authorizing and directing the |
| 9 | District School Board of Escambia County to compensate |
| 10 | Bronwen Dodd for personal injuries that she suffered due |
| 11 | to the negligence of an employee of the school board; |
| 12 | providing for attorney's fees and costs; providing an |
| 13 | effective date. |
| 14 |
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| 15 | WHEREAS, on the afternoon of March 24, 1997, an accident |
| 16 | involving an automobile and a school bus occurred at the |
| 17 | intersection of Summit Boulevard and Goya Drive in Escambia |
| 18 | County, and |
| 19 | WHEREAS, Bronwen Dodd was driving a 1988 Honda eastwardly |
| 20 | on Summit Boulevard, and a driver employed by the Escambia |
| 21 | County School Board was driving a school bus westwardly on |
| 22 | Summit Boulevard, and |
| 23 | WHEREAS, the driver of the school bus had stopped and |
| 24 | turned left in order to go south on Goya Drive, and |
| 25 | WHEREAS, as the school bus was turning south onto Goya |
| 26 | Drive, it struck Bronwen Dodd's Honda, causing that vehicle to |
| 27 | collide with another car that was stopped on Goya Drive, and |
| 28 | WHEREAS, a court subsequently found that the driver of the |
| 29 | school bus violated the right-of-way in making the turn, and |
| 30 | WHEREAS, as a result of the accident, Bronwen Dodd suffered |
| 31 | severe injuries, including: a closed-head injury (with loss of |
| 32 | consciousness); basilar skull, temporal, and sinus fractures; a |
| 33 | fractured mandible; cranial nerve injury; significant dental |
| 34 | injuries with multiple avulsions of her left incisor, left |
| 35 | medial incisor, maxillary teeth, and canines; bilateral |
| 36 | pneumothoraces; a punctured lower lip; a lacerated tongue; |
| 37 | multiple lacerations to her arm, face, and lower extremities; |
| 38 | and optical and auditory damage, and |
| 39 | WHEREAS, those injuries necessitated extensive medical |
| 40 | treatment, rehabilitation, and restorative treatments, and |
| 41 | WHEREAS, litigation relating to this accident was begun |
| 42 | and, after two unsuccessful attempts at mediation, both parties |
| 43 | agreed to participate in binding arbitration, which took place |
| 44 | on December 18, 2000, and |
| 45 | WHEREAS, on December 20, 2000, the arbitration panel |
| 46 | awarded Bronwen Dodd $275,000, which did not include any award |
| 47 | for past medical expenses, and |
| 48 | WHEREAS, after the arbitrators assessed 20-percent |
| 49 | negligence to Bronwen Dodd, her award was reduced to $220,000, |
| 50 | and |
| 51 | WHEREAS, a final judgment in the amount of $340,999.75 was |
| 52 | entered against the Escambia County School Board on May 21, |
| 53 | 2001, and |
| 54 | WHEREAS, the Escambia County School Board has paid to |
| 55 | Bronwen Dodd the sum of $100,000, which is the statutory limit |
| 56 | pursuant to s. 768.28, Florida Statutes, and Bronwen Dodd is, |
| 57 | therefore, petitioning the Legislature for further reimbursement |
| 58 | in the amount of $240,999.75, NOW, THEREFORE, |
| 59 |
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| 60 | Be It Enacted by the Legislature of the State of Florida: |
| 61 |
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| 62 | Section 1. The facts stated in the preamble to this act |
| 63 | are found and declared to be true. |
| 64 | Section 2. The District School Board of Escambia County is |
| 65 | authorized and directed to appropriate from funds of the school |
| 66 | board not otherwise appropriated and to draw a warrant in the |
| 67 | amount of $240,999.75, which amount includes statutory |
| 68 | attorney's fees and costs, payable to Bronwen Dodd as |
| 69 | compensation for injuries and damages sustained as a result of |
| 70 | the negligence of an employee of the school board. |
| 71 | Section 3. This act shall take effect upon becoming a law. |