| 1 | A bill to be entitled |
| 2 | An act for the relief of Betty Obenza by Duval County; |
| 3 | providing for an appropriation to compensate Betty Obenza |
| 4 | for injuries sustained as a result of the negligence of an |
| 5 | employee of the Jacksonville Electric Authority; providing |
| 6 | for attorney's fees and costs; providing an effective |
| 7 | date. |
| 8 |
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| 9 | WHEREAS, on June 5, 2000, Betty Obenza was driving her |
| 10 | vehicle north on Belfort Road in Jacksonville, Duval County, |
| 11 | Florida, and |
| 12 | WHEREAS, an employee of the Jacksonville Electric Authority |
| 13 | was also driving north on Belfort Road, directly behind Ms. |
| 14 | Obenza, and |
| 15 | WHEREAS, Ms. Obenza and the employee of the Jacksonville |
| 16 | Electric Authority were both stopped at a red traffic signal on |
| 17 | Belfort Road, and |
| 18 | WHEREAS, the Jacksonville Electric Authority employee's |
| 19 | foot slipped off the brake pedal and the authority's vehicle |
| 20 | crashed into the rear of Ms. Obenza's vehicle, and |
| 21 | WHEREAS, the employee admitted that he was solely |
| 22 | responsible for the accident, and |
| 23 | WHEREAS, as a result of the collision, Ms. Obenza suffered |
| 24 | personal injury to the cervical region of her body, including a |
| 25 | central and paracentral herniated disc at C4-5 of her cervical |
| 26 | spine and a disc bulge at C5-6 of her cervical spine, and |
| 27 | WHEREAS, several months later, it was discovered that Ms. |
| 28 | Obenza had additional injuries to the back, in the lumbar region |
| 29 | of her spine, and |
| 30 | WHEREAS, as a result of the accident, litigation was filed |
| 31 | in the Circuit Court for the Fourth Judicial Circuit and the |
| 32 | matter was tried before a jury, and |
| 33 | WHEREAS, on May 21, 2003, the Circuit Court for the Fourth |
| 34 | Judicial Circuit issued a final judgment against the |
| 35 | Jacksonville Electric Authority for Ms. Obenza in the sum of |
| 36 | $317,675.61, which was reduced to $305,675.61 to reflect a |
| 37 | setoff for collateral sources and which was entered pursuant to |
| 38 | a consent final judgment, and |
| 39 | WHEREAS, Duval County has paid Ms. Obenza $100,000 pursuant |
| 40 | to the statutory limits of liability under section 768.28, |
| 41 | Florida Statutes, NOW, THEREFORE, |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. The facts stated in the preamble to this act |
| 46 | are found and declared to be true. |
| 47 | Section 2. The Board of County Commissioners of Duval |
| 48 | County is authorized and directed to appropriate from funds of |
| 49 | the county not otherwise appropriated and to draw a warrant |
| 50 | payable to Betty Obenza in the amount of $156,555.76, which |
| 51 | amount includes statutory attorney's fees and costs, for |
| 52 | injuries and damages sustained due to the negligence of the |
| 53 | Jacksonville Electric Authority. |
| 54 | Section 3. This act shall take effect upon becoming a law. |