| 1 | Representative(s) Bullard offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
|
| 6 |
|
| 7 | Section 1. The facts stated in the preamble to this act |
| 8 | are found and declared to be true. |
| 9 | Section 2. Miami-Dade County is authorized and directed to |
| 10 | appropriate from funds of the county not otherwise appropriated |
| 11 | and to draw a warrant payable to Norka Laureiro in the amount of |
| 12 | $999,100 for injuries and damages sustained due to the |
| 13 | negligence of the Miami-Dade County bus driver. |
| 14 | Section 3. This award is intended to provide the sole |
| 15 | compensation for any and all present and future claims arising |
| 16 | out of the factual situation in connection with the injury to |
| 17 | Norka Laureiro. Not more than 25 percent of the award may be |
| 18 | paid by the claimant for attorney's fees, lobbying fees, costs |
| 19 | or other similar expenses. |
| 20 | Section 4. This act shall take effect upon becoming a law. |
| 21 |
|
| 22 |
|
| 23 | ======= T I T L E A M E N D M E N T ========== |
| 24 | Remove the entire title and insert: |
| 25 |
|
| 26 |
|
| 27 | A bill to be entitled |
| 28 | An act relating to Miami-Dade County; providing for the |
| 29 | relief of Norka Laureiro; authorizing and directing Miami- |
| 30 | Dade County to compensate Norka Laureiro for injuries |
| 31 | sustained as a result of a collision caused by a Miami- |
| 32 | Dade County bus; providing for a limitation on payment of |
| 33 | fees and costs; providing an effective date. |
| 34 |
|
| 35 | WHEREAS, on March 25, 1998, Norka Laureiro was transporting |
| 36 | children in a private school van when she approached an |
| 37 | intersection, and |
| 38 | WHEREAS, a Miami-Dade County bus ran a stop sign at the |
| 39 | intersection and collided with Ms. Laureiro's van, which caused |
| 40 | serious injuries to Ms. Laureiro and several children, and |
| 41 | WHEREAS, the driver of the Miami-Dade County bus had a |
| 42 | significant history of driving citations and safety violations, |
| 43 | and |
| 44 | WHEREAS, as a result of the collision, Ms. Laureiro |
| 45 | suffered a crushing blow to her head which caused bone and nerve |
| 46 | damage, and she underwent reconstructive surgery; however, Ms. |
| 47 | Laureiro has permanent numbness on the right side of her face |
| 48 | due to damaged cranial nerves, and |
| 49 | WHEREAS, Ms. Laureiro also suffered permanent injury to her |
| 50 | Achilles tendon, several fractures to her right leg, and a |
| 51 | subtalar joint dislocation to her right foot which required two |
| 52 | major orthopedic surgeries, and because of the extent of the |
| 53 | break to and fragmentation of the bone in her foot, surgery |
| 54 | could not achieve complete alignment, and |
| 55 | WHEREAS, due to the resulting extensive arthritis and |
| 56 | progressive nature of the injury, Ms. Laureiro is unable to use |
| 57 | her foot normally, she will need additional surgeries in the |
| 58 | future, her foot swells, she is in constant pain, and, as a |
| 59 | result, Ms. Laureiro limps when she walks, which causes |
| 60 | additional pain in her hips, back, and legs, and |
| 61 | WHEREAS, since the accident, Ms. Laureiro has been under |
| 62 | the care of a neurologist for the nerve damage to her foot, leg, |
| 63 | and face and she has also been on antidepressants since the |
| 64 | collision, and |
| 65 | WHEREAS, before the accident, Ms. Laureiro owned her own |
| 66 | business that involved driving children to and from school 5 |
| 67 | days a week, but due to the nature of her foot injury, she is |
| 68 | unable to continue her driving business, and she has not worked |
| 69 | since the accident, and |
| 70 | WHEREAS, on September 3, 2003, a jury from the Miami-Dade |
| 71 | County Circuit Court returned a verdict in favor of Ms. Laureiro |
| 72 | in the sum of $1,550,685.38 and $50,000 in favor of Ms. |
| 73 | Laureiro's husband, Fredy Laureiro, for his loss of consortium, |
| 74 | and |
| 75 | WHEREAS, Miami-Dade County appealed the verdict to the |
| 76 | Third District Court of Appeal, and while the appeal was |
| 77 | pending, the parties re-mediated the case and reached a |
| 78 | settlement of $1 million, and |
| 79 | WHEREAS, on March 29, 2005, the Circuit Court of the |
| 80 | Eleventh Judicial Circuit issued a final consent judgment |
| 81 | against Miami-Dade County in favor of Ms. Laureiro in the sum of |
| 82 | $1 million, NOW, THEREFORE, |