Senate Bill sb0056

    Florida Senate - 2006                                    SB 56

    By Senator Siplin





    19-112-06

  1                      A bill to be entitled

  2         An act relating to Polk County; providing for

  3         the relief of Donna Sofka for injuries

  4         sustained due to the negligence of Polk County;

  5         providing for an appropriation; providing an

  6         effective date.

  7  

  8         WHEREAS, on December 28, 1988, Donna Sofka was involved

  9  in a vehicular accident that left her a quadriplegic, and

10         WHEREAS, on that date, Ms. Sofka was driving her car

11  westward on East Lamp Post Lane north of Lakeland, where East

12  Lamp Post Lane meets Old Polk City Road at the crest of a

13  small hill, and

14         WHEREAS, East Lamp Post Lane had recently been extended

15  past Old Polk City Road into a relatively new road named West

16  Lamp Post Lane, but there was no stop sign or other marking

17  denoting the intersection, and

18         WHEREAS, despite Polk County's knowledge that recent

19  construction in the area had created a four-way intersection

20  and essentially a "through" street, traffic-control devices

21  had not been installed at the time of the accident, and

22         WHEREAS, suit was filed against various defendants,

23  including Polk County, and, at trial, unrebutted testimony

24  established that the creation of the four-way intersection

25  created a dangerous condition, and

26         WHEREAS, Polk County's own traffic-sign foreman

27  concurred that the intersection was dangerous, and the manual

28  used by the county clearly indicated that traffic control

29  devices were needed at the intersection, and

30         WHEREAS, the jury agreed and awarded Donna Sofka $6.5

31  million in damages, in accordance with the degree of

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    Florida Senate - 2006                                    SB 56
    19-112-06




 1  responsibility for the accident attributed to the county,

 2  which was 77 percent, and

 3         WHEREAS, after years of appeals and a new trial, a

 4  Stipulated Final Judgment in the amount of $600,000 against

 5  the county was entered into by the parties, NOW, THEREFORE,

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

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

10  act are found and declared to be true.

11         Section 2.  Polk County is authorized and directed to

12  appropriate from funds of the county not otherwise

13  appropriated and to draw a warrant in the amount of $600,000,

14  payable to Donna Sofka as compensation for injuries and

15  damages sustained as a result of the negligence of Polk

16  County.

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

18  law.

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