1 | A bill to be entitled |
2 | An act for the relief of Lisa Freeman-Salazar and Andy |
3 | Salazar, individually and as co-personal representatives |
4 | of the estate of Alexandria Salazar, deceased minor child |
5 | of Lisa Freeman-Salazar and Andy Salazar, by the City of |
6 | Lake Worth; providing for an appropriation to compensate |
7 | them for the death of Alexandria Salazar due to the |
8 | negligence of the City of Lake Worth; providing for |
9 | attorney's fees and costs; providing an effective date. |
10 |
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11 | WHEREAS, on October 26, 2004, Lisa Freeman-Salazar picked |
12 | up her 5-year-old daughter, Alexandria Salazar, from an after- |
13 | school program at South Grade Elementary School in Lake Worth, |
14 | Palm Beach County, Florida, and proceeded to travel to their |
15 | home, and |
16 | WHEREAS, Mrs. Salazar normally traveled home from |
17 | Alexandria's school on Sixth Avenue South, but on this |
18 | particular day a portion of Sixth Avenue South was closed due to |
19 | construction; thus, Mrs. Salazar took an unfamiliar, alternative |
20 | route home and traveled west on Seventh Avenue and approached |
21 | the intersection of South H Street which did not have any |
22 | traffic devices, stop signs, or painted stop bars on the road to |
23 | indicate which vehicle had the right-of-way, and |
24 | WHEREAS, because there was nothing to require Mrs. Salazar |
25 | to stop, she drove her vehicle through the intersection, and |
26 | Reyna Moreno, who was driving north on South H Street, |
27 | simultaneously entered the same intersection, and |
28 | WHEREAS, both vehicles collided with such force that each |
29 | vehicle was redirected by the impact of the collision, and |
30 | WHEREAS, Mrs. Salazar was able to get out of her vehicle |
31 | and remove her unconscious daughter from the vehicle before the |
32 | Lake Worth Fire Rescue Department was summoned, and |
33 | WHEREAS, the Lake Worth Police Department responded to the |
34 | collision and Alexandria Salazar was transported to Delray |
35 | Community Hospital, where she was pronounced dead shortly |
36 | thereafter, and |
37 | WHEREAS, the southwest corner of the intersection of |
38 | Seventh Avenue South and South H Street normally has a stop sign |
39 | of standard size, color, and height posted atop a metal pole; |
40 | however, at the time of the collision that claimed Alexandria |
41 | Salazar's life, the stop sign was missing, and |
42 | WHEREAS, the City of Lake Worth was aware that the stop |
43 | sign was missing from that intersection because two other cars |
44 | collided at that same intersection the day before Alexandria |
45 | Salazar's death, and the Lake Worth Police Department informed |
46 | the city's public works department that the missing stop sign |
47 | needed to be replaced, and |
48 | WHEREAS, as a result of a lawsuit filed following the |
49 | incident, the City of Lake Worth agreed to a settlement in the |
50 | amount of $500,000, of which $157,792 was paid within 20 days |
51 | after the date of the settlement agreement and $342,208 is to be |
52 | sought through the submission of a claim bill to the |
53 | Legislature, which the City of Lake Worth has agreed to support |
54 | and approve, NOW, THEREFORE, |
55 |
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56 | Be It Enacted by the Legislature of the State of Florida: |
57 |
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58 | Section 1. The facts stated in the preamble to this act |
59 | are found and declared to be true. |
60 | Section 2. The City of Lake Worth is authorized and |
61 | directed to appropriate from funds not otherwise appropriated |
62 | and to draw a warrant payable to Lisa Freeman-Salazar and Andy |
63 | Salazar, individually and as co-personal representatives of the |
64 | estate of Alexandria Salazar, deceased minor child of Lisa |
65 | Freeman-Salazar and Andy Salazar, for the total amount of |
66 | $342,208, pursuant to the settlement agreement, which is |
67 | inclusive of costs and attorney's fees as limited in accordance |
68 | with s. 768.28, Florida Statutes, as compensation for the death |
69 | of Alexandria Salazar due to the negligence of the City of Lake |
70 | Worth. |
71 | Section 3. This act shall take effect upon becoming a law. |