HB 0799

CS

CHAMBER ACTION

1	The Claims Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act for the relief of Norka Laureiro by Miami-Dade
8	County; authorizing and directing Miami-Dade County to
9	compensate Norka Laureiro for injuries sustained as a
10	result of a collision caused by a Miami-Dade County bus;
11	providing an effective date.
12
13	WHEREAS, on March 25, 1998, Norka Laureiro was transporting
14	children in a private school van when she approached an
15	intersection, and
16	WHEREAS, a Miami-Dade County bus ran a stop sign at the
17	intersection and collided with Ms. Laureiro's van, which caused
18	serious injuries to Ms. Laureiro and several children, and
19	WHEREAS, the driver of the Miami-Dade County bus had a
20	significant history of driving citations and safety violations,
21	and
22	WHEREAS, as a result of the collision, Ms. Laureiro
23	suffered a crushing blow to her head which caused bone and nerve
24	damage and she underwent reconstructive surgery, and
25	WHEREAS, as a result of the collision, Ms. Laureiro has
26	permanent numbness on the right side of her face due to damaged
27	cranial nerves, and
28	WHEREAS, Ms. Laureiro also suffered permanent injury to her
29	Achilles tendon, several fractures to her right leg, and a
30	subtalar joint dislocation to her right foot which required two
31	major orthopedic surgeries, and
32	WHEREAS, because of the extent of the break to and
33	fragmentation of the bone in her foot, surgery could not achieve
34	complete alignment, and
35	WHEREAS, due to the resulting extensive arthritis and
36	progressive nature of her injury, Ms. Laureiro is unable to use
37	her foot normally, will need additional surgeries in the future,
38	experiences swelling of the foot, is in constant pain, and, as a
39	result, limps when she walks, which causes additional pain in
40	her hips, back, and legs, and
41	WHEREAS, since the accident, Ms. Laureiro has been under
42	the care of a neurologist for the nerve damage to her foot, leg,
43	and face and has also been on antidepressants since the
44	collision, and
45	WHEREAS, before the accident, Ms. Laureiro owned her own
46	business that involved driving children to and from school 5
47	days a week, but due to the nature of her foot injury, she is
48	unable to continue her driving business and has not worked since
49	the accident, and
50	WHEREAS, on September 3, 2003, a jury from the Miami-Dade
51	County Circuit Court returned a verdict in favor of Norka
52	Laureiro in the sum of $1,550,685.38 and $50,000 in favor of
53	Norka Laureiro's husband, Fredy Laureiro, for his loss of
54	consortium, and
55	WHEREAS, Defendant Miami-Dade County appealed the verdict
56	to the Third District Court of Appeal, and while the appeal was
57	pending, the parties resubmitted the case to mediation and
58	reached a settlement of $1 million, and
59	WHEREAS, on March 29, 2005, the Circuit Court of the
60	Eleventh Judicial Circuit issued a final consent judgment
61	against Miami-Dade County in favor of Norka Laureiro in the sum
62	of $1 million, and
63	WHEREAS, $900 has already been paid pursuant to the limits
64	of liability set forth in section 768.28, Florida Statutes, NOW,
65	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.  Miami-Dade County is authorized and directed to
72	appropriate from funds of the county not otherwise appropriated
73	and to draw a warrant payable to Norka Laureiro in the amount of
74	$999,100 for injuries and damages she sustained due to the
75	negligence of Miami-Dade County.
76	Section 3.  This act shall take effect upon becoming a law.

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