Senate Bill sb0028

    Florida Senate - 2005        (NP)                        SB 28

    By Senator Margolis





    35-97-05

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; providing an appropriation to

  4         compensate the estate of Dr. Sherrill Lynn

  5         Aversa for the death of Dr. Sherrill Lynn

  6         Aversa, which was the result of negligence by

  7         an employee of the department; providing for

  8         attorney's fees and costs; providing an

  9         effective date.

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11         WHEREAS, on June 21, 1999, an employee of the

12  Department of Transportation was driving a departmental truck

13  northbound on Interstate 75 in Hillsborough County, Florida,

14  and

15         WHEREAS, on that same day, Dr. Sherrill Lynn Aversa,

16  having completed an interview with the University of South

17  Florida Medical School, was traveling south on Interstate 75,

18  and

19         WHEREAS, by departmental policy, employees of the

20  department are required to ensure that all items used by the

21  department and stored on the truck are appropriately secured

22  to the truck, and

23         WHEREAS, one such item used by the department and

24  stored on the truck was a 12-foot extension ladder stored on

25  the top of the truck, and

26         WHEREAS, the department's employee failed to ensure

27  that the ladder was secured to the truck before leaving the

28  department's maintenance yard, and

29         WHEREAS, thereafter, while the employee traveled

30  northbound on Interstate 75, the extension ladder flew from

31  

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    Florida Senate - 2005        (NP)                        SB 28
    35-97-05




 1  the roof of the truck into the northbound traffic following

 2  the department's truck, and

 3         WHEREAS, the driver to the rear of the department's

 4  truck swerved to avoid hitting the extension ladder which came

 5  directly at the driver in her lane of Interstate 75, and

 6         WHEREAS, as a result of the swerving movements, the

 7  driver of the car behind the department's truck lost control

 8  of her vehicle, veered to the left, crossed the Interstate 75

 9  median, and struck Dr. Aversa's vehicle, killing Dr. Aversa

10  instantly, and

11         WHEREAS, as a result of these events, the estate of Dr.

12  Aversa brought suit against the Department of Transportation

13  for the negligence causing the death of Dr. Aversa, and

14         WHEREAS, after 3 years of litigation, the department

15  admitted liability for the accident and agreed to settle the

16  case, and

17         WHEREAS, the parties agreed to a consent judgment

18  solely against the department, with no comparative negligence

19  finding against any other party, in the amount of $797,500,

20  and

21         WHEREAS, the Department of Transportation has paid

22  $100,000 to the estate of Dr. Sherrill Lynn Aversa under the

23  statutory limits of liability set forth in section 768.28,

24  Florida Statutes, NOW, THEREFORE,

25  

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

27  

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

29  act are found and declared to be true.

30         Section 2.  The sum of $697,500 is appropriated from

31  the General Revenue Fund to the Department of Transportation,

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    Florida Senate - 2005        (NP)                        SB 28
    35-97-05




 1  which amount includes attorney's fees and costs, as

 2  compensation to the estate of Dr. Sherrill Lynn Aversa for the

 3  death of Dr. Aversa.

 4         Section 3.  The Chief Financial Officer is directed to

 5  draw a warrant in favor of the estate of Dr. Sherrill Lynn

 6  Aversa in the sum of $697,500 upon funds of the Department of

 7  Transportation not otherwise encumbered, and the Chief

 8  Financial Officer is directed to pay the same out of such

 9  funds in the State Treasury.

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

11  law.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Appropriates funds to the estate of Dr. Sherrill Lynn
      Aversa as compensation for the death of Dr. Aversa, which
16    was caused by the negligence of an employee of the
      Department of Transportation.
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