| 1 | A bill to be entitled |
| 2 | An act for the relief of Donna Sofka by Polk County; |
| 3 | providing for an appropriation to compensate her for |
| 4 | injuries and damages sustained due to the negligence of |
| 5 | Polk County; providing an effective date. |
| 6 |
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| 7 | WHEREAS, on December 28, 1988, Donna Sofka was involved in |
| 8 | a vehicular accident that left her a quadriplegic, and |
| 9 | WHEREAS, on that date, Ms. Sofka was driving her car |
| 10 | westward on East Lamp Post Lane north of Lakeland, where East |
| 11 | Post Lane meets Old Polk City Road at the crest of a small hill, |
| 12 | and |
| 13 | WHEREAS, East Lamp Post Lane had recently been extended |
| 14 | past Old Polk City Road into a relatively new road named West |
| 15 | Lamp Post Lane, but there was no stop sign or other marking |
| 16 | denoting the intersection, and |
| 17 | WHEREAS, despite Polk County's knowledge that recent |
| 18 | construction in the area had created a four-way intersection and |
| 19 | essentially a "through" street, traffic-control devices had not |
| 20 | been installed at the time of the accident, and |
| 21 | WHEREAS, suit was filed against various defendants, |
| 22 | including Polk County, and, at trial, unrebutted testimony |
| 23 | established that the creation of the four-way intersection |
| 24 | created a dangerous condition, and |
| 25 | WHEREAS, Polk County's own traffic-sign foreman concurred |
| 26 | that the intersection was dangerous, and the manual used by the |
| 27 | county clearly indicated that traffic control devices were |
| 28 | needed at the intersection, and |
| 29 | WHEREAS, the jury agreed and awarded Donna Sofka $6.5 |
| 30 | million in damages, in accordance with the degree of |
| 31 | responsibility for the accident attributed to the county, which |
| 32 | was 77 percent, and |
| 33 | WHEREAS, after years of appeals and a new trial, a |
| 34 | Stipulated Final Judgment in the amount of $600,000 against the |
| 35 | county was entered into by the parties, NOW, THEREFORE, |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. The facts stated in the preamble to this act |
| 40 | are found and declared to be true. |
| 41 | Section 2. The Board of County Commissioners of Polk |
| 42 | County is authorized and directed to appropriate from funds of |
| 43 | the county not otherwise appropriated and to draw a warrant in |
| 44 | the amount of $600,000 payable to Donna Sofka as compensation |
| 45 | for injuries and damages sustained as a result of the negligence |
| 46 | of Polk County. |
| 47 | Section 3. This act shall take effect upon becoming a law. |