Senate Bill sb0012

    Florida Senate - 2005        (NP)                        SB 12

    By Senator Clary





    4-63-05

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; providing

  4         for the relief of Laura Laporte for injuries

  5         she sustained as a result of negligence by an

  6         employee of the department; providing an

  7         appropriation; providing for attorney's fees

  8         and costs; providing an effective date.

  9  

10         WHEREAS, on October 9, 1999, Sandra Jackson, a grove

11  inspector for the Department of Agriculture and Consumer

12  Services, was driving a four-wheel-drive truck southward on

13  66th Avenue in Indian River County, Florida, a straight

14  two-lane road, and

15         WHEREAS, Ms. Jackson's vehicle pulled into the path of

16  a vehicle driven northward on 66th Avenue by Laura Laporte,

17  causing the vehicles to collide nearly head-on and extensively

18  damaging both vehicles, and

19         WHEREAS, at the time of the accident, Ms. Jackson was

20  acting within the course and scope of her employment, and the

21  Department of Agriculture and Consumer Services admitted

22  liability for the negligent conduct of its employee, and

23         WHEREAS, medical records obtained during the court case

24  filed on behalf of Laura Laporte revealed that Ms. Jackson had

25  opiates and benzodiazepines in her system at the time of the

26  accident, and

27         WHEREAS, the crash severely injured Laura Laporte's

28  lower extremities and, over the following 2 years, Ms. Laporte

29  underwent four major orthopedic surgeries to her legs at a

30  cost in excess of $160,000, and

31  

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






    Florida Senate - 2005        (NP)                        SB 12
    4-63-05




 1         WHEREAS, notwithstanding surgical intervention, Ms.

 2  Laporte remains in extensive pain, has impaired mobility, and,

 3  according to her physicians, will be permanently impaired in

 4  spite of anticipated surgery, and

 5         WHEREAS, the cost of future medical expenses and

 6  household assistance for Ms. Laporte is anticipated to

 7  approach $500,000, and

 8         WHEREAS, in addition to the injuries suffered on

 9  October 9, 1999, Ms. Laporte suffers from muscular dystrophy,

10  which was diagnosed when she was a teenager and which mainly

11  affects the strength of her upper extremities, and

12         WHEREAS, notwithstanding her physical limitations,

13  before the accident Ms. Laporte was very active as the owner

14  of a mobile petting zoo, operated numerous summer and

15  after-school programs for children, and spent many hours

16  riding horses, and

17         WHEREAS, following the accident, Ms. Laporte is unable

18  to properly care for her animals and requires assistance if

19  she falls, and

20         WHEREAS, on January 10, 2002, a jury returned a verdict

21  awarding $5,582,776.82 in damages to Laura Laporte, and the

22  Department of Agriculture and Consumer Services moved for a

23  remittitur, claiming that the damage award was excessive, and

24         WHEREAS, the trial judge affirmed the jury's decision,

25  and a final judgment in the amount of $5,600,647.81,

26  representing the amount of the verdict plus taxable costs, was

27  signed by the court on May 13, 2002, and

28         WHEREAS, after the Department of Agriculture and

29  Consumer Services has paid $100,000 pursuant to its obligation

30  under section 768.28, Florida Statutes, the remaining excess

31  judgment amount owed will be $5,500,647.81, NOW, THEREFORE,

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    Florida Senate - 2005        (NP)                        SB 12
    4-63-05




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  The facts stated in the preamble to this

 4  act are found and declared to be true.

 5         Section 2.  The sum of $5,500,647.81 is appropriated

 6  from the General Revenue Fund to the Department of Agriculture

 7  and Consumer Services, which amount includes attorney's fees

 8  and costs, for the relief of Laura Laporte for injuries and

 9  damages sustained.

10         Section 3.  The Chief Financial Officer is directed to

11  draw a warrant in favor of Laura Laporte in the sum of

12  $5,500,647.81 upon funds of the Department of Agriculture and

13  Consumer Services, and the Chief Financial Officer is directed

14  to pay the same out of funds in the State Treasury.

15         Section 4.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Appropriates funds for the relief of Laura Laporte for
      injuries caused by the negligence of an employee of the
21    Department of Agriculture and Consumer Services.

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