Senate Bill sb0062

    Florida Senate - 2007        (NP)                        SB 62

    By Senator Siplin





    19-112A-07

  1                      A bill to be entitled

  2         An act relating to Orange County; providing for

  3         the relief of Stacie Wagner (formerly known as

  4         Stacie Reyes), mother of decedent Angelica

  5         Hernandez, a minor, for injuries and damages

  6         resulting in the death of the minor child due

  7         to the negligence of an employee of the Orange

  8         County Fire Department; providing for an

  9         appropriation; providing for attorney's fees;

10         providing an effective date.

11  

12         WHEREAS, on June 4, 2001, at approximately 8:47 p.m.,

13  while returning to her home, Angelica Hernandez, the

14  11-year-old daughter of Stacie Wagner (then known as Stacie

15  Reyes), was struck and killed by an Orange County Fire

16  Department van as she was crossing Semoran Boulevard (SR 436)

17  approximately 637 feet south of the Aloma Avenue intersection,

18  and

19         WHEREAS, the van was driven by an Orange County

20  firefighter who was acting in the course and scope of his

21  employment, and

22         WHEREAS, after nearly 4 years of litigation and

23  discovery, a trial was conducted and, on April 1, 2005, the

24  jury returned a verdict in the amount of $1.4 million for

25  Stacie Wagner's pain and suffering for the loss of Angelica

26  and $8,000 to cover the cost of funeral expenses, and

27         WHEREAS, the jury having found that Orange County was

28  61-percent liable in causing Angelica's death and that

29  Angelica was 39-percent liable, the award was reduced to

30  $858,880, and

31  

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






    Florida Senate - 2007        (NP)                        SB 62
    19-112A-07




 1         WHEREAS, after denying several posttrial motions by the

 2  county, the judge, on June 28, 2005, entered a final judgment

 3  in the amount of $900,880, including the award of $858,880 and

 4  an additional $42,000 for reimbursement of the cost of the

 5  expert witnesses and trial-related costs, and

 6         WHEREAS, pursuant to the limitations on the waiver of

 7  sovereign immunity set forth in s. 768.28, Florida Statutes,

 8  Orange County has paid $100,000, leaving a balance owed in the

 9  amount of $800,880, NOW, THEREFORE,

10  

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

12  

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

14  act are found and declared to be true.

15         Section 2.  Orange County is authorized and directed to

16  appropriate from funds of the county not otherwise

17  appropriated and to draw a warrant payable to Stacie Wagner,

18  mother of decedent minor Angelica Hernandez, for the total

19  amount of $800,880, as compensation for injuries and damages

20  sustained due to the death of her daughter as a result of the

21  negligence of an employee of the Orange County Fire

22  Department. Such funds are inclusive of costs and attorney's

23  fees as limited by s. 768.28, Florida Statutes.

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

25  law.

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