HB 315

1	A bill to be entitled
2	An act for the relief of Jennifer Graham by the Palm Beach
3	County Sheriff's Office; providing for an appropriation to
4	compensate Jennifer Graham for injuries sustained as a
5	result of the negligence of the sheriff's office;
6	providing an effective date.
7
8	WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was
9	seated on a park bench on the southwest corner of Park Avenue
10	located in Palm Beach County, Florida, and
11	WHEREAS, a deputy sheriff of the Palm Beach County
12	Sheriff's Office was traveling westbound on Park Avenue at
13	approximately 60 to 70 miles per hour according to an
14	eyewitness, and
15	WHEREAS, when the deputy sheriff attempted to make a left
16	turn at this high rate of speed, he lost control of his vehicle
17	and collided with the park bench and Jennifer Graham, and
18	WHEREAS, Ms. Graham was thrown approximately 30 feet due to
19	the collision and landed on a concrete sidewalk, and
20	WHEREAS, the Palm Beach County Sheriff's Office
21	investigated the accident and determined that the deputy sheriff
22	was the sole contributing cause of the accident by exceeding a
23	safe speed and losing control of the vehicle while attempting to
24	make a left turn, and
25	WHEREAS, Ms. Graham suffered multiple pelvic fractures and
26	a bladder rupture, for which she had immediate surgery; a left
27	acetabulum fracture; a right sacroiliac joint fracture; a pelvic
28	hematoma; and an open laceration from her stomach to her pubic
29	bone, and
30	WHEREAS, as a result of her injuries, Ms. Graham later
31	underwent multiple surgeries to repair a hernia, a left shoulder
32	joint, and the pelvic and iliosacral fractures, the latter
33	requiring hardware and screw fixation, and
34	WHEREAS, Ms. Graham was admitted to two rehabilitation
35	facilities for a total of approximately 5 months where she was
36	diagnosed with chronic pain, gait dysfunction, and depression,
37	and
38	WHEREAS, as a result of the accident, Ms. Graham sustained
39	a 40-percent permanent functional impairment and permanent gait
40	dysfunction, and
41	WHEREAS, due to the severity of her injuries, Ms. Graham
42	cannot maintain employment and will require future medical care
43	over her lifetime and an additional surgery to remove the
44	hardware that was placed in her pelvis and iliosacral joint, and
45	WHEREAS, Ms. Graham's medical expenses resulting from this
46	accident were $266,462.44 and the Palm Beach County Health Care
47	District has paid a portion of the outstanding medical expenses,
48	but has imposed a lien in the amount of $87,937.31, and
49	WHEREAS, the present value of Ms. Graham's total economic
50	damages over her lifetime was calculated to be $1,018,988.40;
51	however, the expert economist hired by the Palm Beach County
52	Sheriff's Office calculated the value to be $771,670, and
53	WHEREAS, Ms. Graham is also entitled to collect damages for
54	her past and future pain and suffering, mental anguish,
55	disability, and loss of enjoyment of life resulting from the
56	devastating injuries and severe impairment she incurred as a
57	result of the accident, and
58	WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach
59	County Sheriff's Office, and a trial was set to begin on July
60	18, 2005, and
61	WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach
62	County Sheriff's Office entered into an agreement to settle the
63	lawsuit in the amount of $950,000, of which the sheriff's office
64	paid $100,000 at the time the settlement agreement was signed by
65	all parties, NOW, THEREFORE,
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  The facts stated in the preamble to this act
70	are found and declared to be true.
71	Section 2.  The Palm Beach County Sheriff's Office is
72	authorized and directed to pay to Jennifer Graham, out of
73	insurance proceeds or out of moneys appropriated by the
74	sheriff's office from funds of the sheriff's office not
75	otherwise encumbered, the sum of $850,000 for injuries and
76	damages sustained due to the negligence of the Palm Beach County
77	Sheriff's Office in the following manner, as agreed by the
78	parties in their settlement agreement:
79	(1)  Three hundred fifty thousand dollars, paid within 20
80	days after notice to the Palm Beach County Sheriff's Office upon
81	the effective date of this act;
82	(2)  Two hundred fifty thousand dollars, paid 1 year
83	following the date of the payment of the first payment of
84	$350,000; and
85	(3)  Two hundred fifty thousand dollars, paid 2 years
86	following the date of the first payment of $350,000.
87	Section 3.  This act shall take effect upon becoming a law.

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