Senate Bill sb0044

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    Florida Senate - 2006                                    SB 44

    By Senator Diaz de la Portilla





    36-123-06

  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Norka Laureiro; authorizing

  4         and directing Miami-Dade County to compensate

  5         Norka Laureiro for injuries sustained as a

  6         result of a collision caused by a Miami-Dade

  7         County bus; providing an effective date.

  8  

  9         WHEREAS, on March 25, 1998, Norka Laureiro was

10  transporting children in a private school van when she

11  approached an intersection, and

12         WHEREAS, a Miami-Dade County bus ran a stop sign at the

13  intersection and collided with Ms. Laureiro's van, which

14  caused serious injuries to Ms. Laureiro and several children,

15  and

16         WHEREAS, the driver of the Miami-Dade County bus had a

17  significant history of driving citations and safety

18  violations, and

19         WHEREAS, as a result of the collision, Ms. Laureiro

20  suffered a crushing blow to her head which caused bone and

21  nerve damage and she underwent reconstructive surgery;

22  however, Ms. Laureiro has permanent numbness on the right side

23  of her face due to damaged cranial nerves, and

24         WHEREAS, Ms. Laureiro also suffered permanent injury to

25  her Achilles tendon, several fractures to her right leg, and a

26  subtalar joint dislocation to her right foot which required

27  two major orthopedic surgeries, and because of the extent of

28  the break to and fragmentation of the bone in her foot,

29  surgery could not achieve complete alignment, and

30         WHEREAS, due to the resulting extensive arthritis and

31  progressive nature of the injury, Ms. Laureiro is unable to

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    Florida Senate - 2006                                    SB 44
    36-123-06




 1  use her foot normally, she will need additional surgeries in

 2  the future, her foot swells, she is in constant pain, and, as

 3  a result, Ms. Laureiro limps when she walks, which causes

 4  additional pain in her hips, back, and legs, and

 5         WHEREAS, since the accident, Ms. Laureiro has been

 6  under the care of a neurologist for the nerve damage to her

 7  foot, leg, and face and she has also been on antidepressants

 8  since the collision, and

 9         WHEREAS, before the accident, Ms. Laureiro owned her

10  own business that involved driving children to and from school

11  5 days a week, but due to the nature of her foot injury, she

12  is unable to continue her driving business, and she has not

13  worked since the accident, and

14         WHEREAS, on September 3, 2003, a jury from the

15  Miami-Dade County Circuit Court returned a verdict in favor of

16  Ms. Laureiro in the sum of $1,550,685.38 and $50,000 in favor

17  of Ms. Laureiro's husband, Fredy Laureiro, for his loss of

18  consortium, and

19         WHEREAS, Defendant Miami-Dade County appealed the

20  verdict to the Third District Court of Appeal, and while the

21  appeal was pending, the parties re-mediated the case and

22  reached a settlement of $1 million, and

23         WHEREAS, on March 29, 2005, the Circuit Court of the

24  Eleventh Judicial Circuit issued a final consent judgment

25  against Miami-Dade County in favor of Ms. Laureiro in the sum

26  of $1 million, NOW, THEREFORE,

27  

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

29  

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

31  act are found and declared to be true.

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    Florida Senate - 2006                                    SB 44
    36-123-06




 1         Section 2.  Miami-Dade County is authorized and

 2  directed to appropriate from funds of the county not otherwise

 3  appropriated and to draw a warrant payable to Norka Laureiro

 4  in the amount of $1 million for injuries and damages sustained

 5  due to the negligence of the Miami-Dade County bus driver.

 6         Section 3.  This act shall take effect upon becoming a

 7  law.

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