Senate Bill sb0036

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    Florida Senate - 2007                                    SB 36

    By Senator Crist





    12-79-07

  1                      A bill to be entitled

  2         An act relating to Ashraf Kamel and Marguerite

  3         Dimitri by the Palm Beach County School Board;

  4         providing for an appropriation to compensate

  5         Ashraf Kamel and Marguerite Dimitri for the

  6         wrongful death of their minor child, Jean A.

  7         Pierre Kamel, as a result of the negligence of

  8         the Palm Beach County School Board; providing

  9         an effective date.

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11         WHEREAS, Jean A. Pierre Kamel, age 13, was killed on

12  January 27, 1997, when he was shot by 14-year-old Tronneal

13  Mangum in front of Conniston Middle School, a Palm Beach

14  County public school, and

15         WHEREAS, Jean A. Pierre Kamel's surviving father,

16  Ashraf Kamel, brought a wrongful-death action against the Palm

17  Beach County School Board, seeking damages for Marguerite

18  Dimitri, Jean's mother, and himself for their anguish and

19  mental pain and suffering due to the tragic death of their

20  minor son, and

21         WHEREAS, before the shooting occurred, Tronneal Mangum

22  and Jean Kamel, both of whom were students at Conniston, had a

23  prior confrontation, namely Mangum's kicking Jean Kamel in his

24  prosthetic leg, and

25         WHEREAS, Jean Kamel and Tronneal Mangum met with a

26  guidance counselor and told the counselor that Mangum had a

27  watch that belonged to Jean Kamel, and

28         WHEREAS, Jean Kamel told an agent or employee of the

29  school board that "Tronneal is out to get me" just days before

30  he was shot and killed, and

31  

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    Florida Senate - 2007                                    SB 36
    12-79-07




 1         WHEREAS, on the day of the shooting, Tronneal Mangum

 2  traveled to Conniston Middle School on the school bus with a

 3  loaded firearm and entered school property carrying the

 4  weapon, and

 5         WHEREAS, the Palm Beach County School Board was on

 6  notice that students had brought firearms to Conniston Middle

 7  School on previous occasions, and

 8         WHEREAS, on February 8, 2002, a Palm Beach County jury

 9  found that the Palm Beach County School Board was negligent

10  and 80-percent liable for the death of Jean Kamel, and that

11  Jean Kamel was 20-percent comparatively negligent for his own

12  death, and

13         WHEREAS, the same jury determined that the amount of

14  damages of Ashraf Kamel and Marguerite Dimitri for their

15  anguish and mental pain and suffering as a result of the

16  negligence of the Palm Beach County School Board was $2

17  million, and

18         WHEREAS, on February 22, 2002, the circuit court

19  reduced the jury verdict to final judgment in the sum of

20  $1,602,400, based on the offset for 20-percent comparative

21  negligence, and

22         WHEREAS, on May 14, 2002, the circuit court entered a

23  cost judgment in favor of Ashraf Kamel in the amount of

24  $13,490, and

25         WHEREAS, the Palm Beach County School Board appealed

26  the final judgment, and the Fourth District Court of Appeal

27  rejected the appeal in a per curiam affirmed opinion issued on

28  February 12, 2003, and

29         WHEREAS, on February 27, 2003, the Palm Beach County

30  School Board filed a Motion for Rehearing and Certification of

31  

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    Florida Senate - 2007                                    SB 36
    12-79-07




 1  Issues of Great Public Importance, which was denied by the

 2  Fourth District Court of Appeal on March 20, 2003, and

 3         WHEREAS, on April 17, 2003, the Palm Beach County

 4  School Board tendered to Ashraf Kamel, as personal

 5  representative of the Estate of Jean A. Pierre Kamel, a

 6  payment of $200,000, in accordance with the statutory limits

 7  of liability set forth in s. 768.28, Florida Statutes, and

 8         WHEREAS, Ashraf Kamel and Marguerite Dimitri and the

 9  Palm Beach County School Board agreed to settle the claim for

10  a total of $560,000, and

11         WHEREAS, Ashraf Kamel, as personal representative of

12  the Estate of Jean A. Pierre Kamel, seeks satisfaction of the

13  $360,000 balance of the settlement agreement, NOW, THEREFORE,

14  

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

16  

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

18  act are found and declared to be true.

19         Section 2.  The Palm Beach County School Board is

20  authorized and directed to appropriate from funds of the

21  school board not otherwise encumbered and to draw a warrant

22  payable to Ashraf Kamel, as personal representative of the

23  Estate of Jean A. Pierre Kamel, for the total amount of

24  $180,000, to compensate Ashraf Kamel for injuries and damages

25  sustained due to the death of Jean A. Pierre Kamel, minor son

26  of Ashraf Kamel and Marguerite Dimitri, as a result of the

27  negligence of the school board.

28         Section 3.  The Palm Beach County School Board is

29  authorized and directed to appropriate from funds of the

30  school board not otherwise encumbered and to draw a warrant

31  payable to Marguerite Dimitri for the amount of $180,000, to

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    Florida Senate - 2007                                    SB 36
    12-79-07




 1  compensate Marguerite Dimitri for injuries and damages

 2  sustained due to the death of Jean A. Pierre Kamel, minor son

 3  of Ashraf Kamel and Marguerite Dimitri, as a result of the

 4  negligence of the school board.

 5         Section 4.  This act shall take effect upon becoming a

 6  law.

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