HB 0833 2004
   
1 A bill to be entitled
2          An act relating to the Indian River County School Board;
3    providing for the relief of Amanda Johnson, a minor, by
4    and through Virginia Johnson and Charles Johnson, her
5    parents and natural guardians; providing for an
6    appropriation to compensate her for injuries sustained due
7    to the negligence of the Indian River County School Board;
8    providing for the use of such funds; providing for
9    attorney's fees and costs; providing an effective date.
10         
11          WHEREAS, on January 25, 1999, 7-year-old Amanda Johnson was
12    a passenger on a school bus owned by the Indian River County
13    School Board and operated by its employee, Deborah Colletti, and
14          WHEREAS, Deborah Colletti failed to stop at a stop sign
15    located at the intersection of 45th Street and 66th Avenue in
16    Indian River County, which failure caused the bus to collide
17    with a tractor-trailer traveling on 66th Avenue, resulting in
18    injuries to Amanda Johnson and 15 other children and the deaths
19    of two other persons, and
20          WHEREAS, Deborah Colletti was cited with failure to obey a
21    traffic-control device and failure to yield the right-of-way,
22    and
23          WHEREAS, Amanda Johnson sustained a comminuted fracture of
24    the left femoral shaft with significant displacement and
25    underwent closed reduction and external fixation of the left
26    femoral shaft to correct the injury, and
27          WHEREAS, Amanda Johnson was hospitalized for 11 days, was
28    transferred to a rehabilitation center where she remained as an
29    inpatient for an additional 7 days, and was discharged and
30    received home health services for 240 days, and
31          WHEREAS, on May 25, 1999, Amanda Johnson was again
32    hospitalized and, after a pre-operative diagnosis of
33    hypertrophic nonunion of the left femoral shaft, she
34    subsequently underwent a second surgery, receiving open-
35    compression plating of the left femoral hypertrophic nonunion,
36    with bone biopsy and culture, and
37          WHEREAS, Amanda Johnson, as a result of the injury, has a
38    left femoral overgrowth, resulting in a limb-length discrepancy
39    that had increased to 2.2 centimeters by February 5, 2002, and
40          WHEREAS, Amanda Johnson currently must use a 1/2-inch shoe
41    lift and may require future epiphysiodesis of the elongated left
42    femur, and
43          WHEREAS, Amanda Johnson is receiving continuing medical
44    care following the injury, and
45          WHEREAS, Amanda Johnson has incurred medical expenses
46    totaling $85,762.53, will require future orthopedic visits, and
47    may require future surgery, hospitalization, and physical
48    therapy, and
49          WHEREAS, as a result of a suit filed following the
50    collision, the Indian River County School Board admitted
51    liability for the collision, and, following mediation on
52    February 27, 2002, the parties agreed to a final settlement of
53    all claims in exchange for the payment of $287,500 to be paid in
54    four annual installments, and
55          WHEREAS, as part of the settlement, the Indian River County
56    School Board agreed that, following the submission and approval
57    of the settlement at a noticed school board meeting, the board
58    will not oppose Amanda Johnson in the submission of a claim bill
59    to the Legislature, NOW, THEREFORE,
60         
61          Be It Enacted by the Legislature of the State of Florida:
62         
63          Section 1. The facts stated in the preamble to this act
64    are found and declared to be true.
65          Section 2. The Indian River County School Board is
66    authorized and directed to appropriate from funds of the school
67    board not otherwise appropriated and to draw four annual
68    warrants in the amount of $71,875 each, for a total settlement
69    of $287,500, payable after July 1, 2004, to Virginia Johnson and
70    Charles Johnson, as parents and natural guardians of Amanda
71    Johnson, as compensation for injuries and damages sustained by
72    Amanda Johnson, minor child of Virginia Johnson and Charles
73    Johnson, due to the negligence of the Indian River County School
74    Board. Such funds are to be deposited into a restricted
75    guardianship account established for the exclusive use and
76    benefit of Amanda Johnson, and are inclusive of costs and
77    attorney's fees as limited by s. 768.28(8), Florida Statutes.
78          Section 3. This act shall take effect upon becoming a law.