1 | A bill to be entitled |
2 | An act for the relief of Sheryl D. Allen and George F. |
3 | Allen by the City of Tallahassee; providing for an |
4 | appropriation to compensate Sheryl D. Allen and George F. |
5 | Allen for injuries sustained as a result of an accident |
6 | involving Sheryl D. Allen and an employee of the City of |
7 | Tallahassee; providing for attorney's fees, lobbyist's |
8 | fees, and costs; providing an effective date. |
9 |
|
10 | WHEREAS, on December 8, 2001, Sheryl D. Allen was in |
11 | Tallahassee chaperoning her daughter's Keystone Heights High |
12 | School Band as they participated in the city's 2001 Winter |
13 | Festival parade, and |
14 | WHEREAS, Sheryl D. Allen was hit by a large trailer/float |
15 | owned by the City of Tallahassee and driven by a City of |
16 | Tallahassee employee when the trailer swung wide, leaving the |
17 | parade disembarkment area, and |
18 | WHEREAS, the contact with the trailer knocked Sheryl D. |
19 | Allen to the ground, resulting in a skull fracture and |
20 | significant closed-head injury, and |
21 | WHEREAS, the accident of December 8, 2001, formed the basis |
22 | of a negligence action filed against the City of Tallahassee in |
23 | 2002, and |
24 | WHEREAS, the city, after extensive discovery during the |
25 | litigation, admitted liability, and |
26 | WHEREAS, on April 7, 2004, the City of Tallahassee and |
27 | Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen, |
28 | mediated the case prior to trial and reached an agreement |
29 | whereby the city agreed to pay Sheryl D. Allen and George F. |
30 | Allen $200,000, pursuant to the limits of liability set forth in |
31 | s. 768.28, Florida Statutes, and to support the passage of a |
32 | claims bill in the Legislature for an additional payment of |
33 | $775,000, and |
34 | WHEREAS, the Tallahassee City Commission and the Circuit |
35 | Court in and for the Second Judicial Circuit approved the |
36 | settlement agreement reached at mediation, and the city has paid |
37 | $200,000 to Sheryl D. Allen, George F. Allen, and their |
38 | attorneys, and |
39 | WHEREAS, the City of Tallahassee has agreed to support the |
40 | filing and passage of this bill and has agreed that, if this act |
41 | becomes law, the City of Tallahassee, within 30 days after the |
42 | effective date of this act, will pay an additional $775,000 to |
43 | Sheryl D. Allen and George F. Allen, NOW, THEREFORE, |
44 |
|
45 | Be It Enacted by the Legislature of the State of Florida: |
46 |
|
47 | Section 1. The facts stated in the preamble to this act |
48 | are found and declared to be true. |
49 | Section 2. The City of Tallahassee is authorized and |
50 | directed to appropriate from funds of the city not otherwise |
51 | appropriated and to draw a warrant in the sum of $775,000 |
52 | payable to Sheryl D. Allen and George F. Allen as compensation |
53 | for injuries and damages sustained due to the negligence of an |
54 | employee of the city. |
55 | Section 3. Payment for attorney's fees and costs incurred |
56 | by the claimant's attorneys shall not exceed $117,946. Payment |
57 | for the professional services and costs of lobbyists advocating |
58 | for passage of this claim shall not exceed $7,750. |
59 | Section 4. This act shall take effect upon becoming a law. |