CS/HB 629

1	A bill to be entitled
2	An act for the relief of Norka Laureiro by Miami-Dade
3	County; authorizing and directing Miami-Dade County to
4	compensate Norka Laureiro for injuries sustained as a
5	result of a collision caused by a Miami-Dade County bus;
6	providing for attorney's fees, lobbyist's fees, and costs;
7	providing an effective date.
8
9	WHEREAS, on March 25, 1998, Norka Laureiro was transporting
10	children in a private school van when she approached an
11	intersection, and
12	WHEREAS, a Miami-Dade County bus ran a stop sign at the
13	intersection and collided with Ms. Laureiro's van, which caused
14	serious injuries to Ms. Laureiro and several children, and
15	WHEREAS, the driver of the Miami-Dade County bus had a
16	significant history of driving citations and safety violations,
17	and
18	WHEREAS, as a result of the collision, Ms. Laureiro
19	suffered a crushing blow to her head which caused bone and nerve
20	damage and she underwent reconstructive surgery, and
21	WHEREAS, as a result of the collision, Ms. Laureiro has
22	permanent numbness on the right side of her face due to damaged
23	cranial nerves, and
24	WHEREAS, Ms. Laureiro also suffered permanent injury to her
25	Achilles tendon, several fractures to her right leg, and a
26	subtalar joint dislocation to her right foot which required two
27	major orthopedic surgeries, and
28	WHEREAS, because of the extent of the break to and
29	fragmentation of the bone in her foot, surgery could not achieve
30	complete alignment, and
31	WHEREAS, due to the resulting extensive arthritis and
32	progressive nature of her injury, Ms. Laureiro is unable to use
33	her foot normally, will need additional surgeries in the future,
34	experiences swelling of the foot, is in constant pain, and, as a
35	result, limps when she walks, which causes additional pain in
36	her hips, back, and legs, and
37	WHEREAS, since the accident, Ms. Laureiro has been under
38	the care of a neurologist for the nerve damage to her foot, leg,
39	and face and has also been on antidepressants since the
40	collision, and
41	WHEREAS, before the accident, Ms. Laureiro owned her own
42	business that involved driving children to and from school 5
43	days a week, but due to the nature of her foot injury, she is
44	unable to continue her driving business and has not worked since
45	the accident, and
46	WHEREAS, on September 3, 2003, a jury from the Miami-Dade
47	County Circuit Court returned a verdict in favor of Norka
48	Laureiro in the sum of $1,550,685.38 and $50,000 in favor of
49	Norka Laureiro's husband, Fredy Laureiro, for his loss of
50	consortium, and
51	WHEREAS, Defendant Miami-Dade County appealed the verdict
52	to the Third District Court of Appeal, and while the appeal was
53	pending, the parties resubmitted the case to mediation and
54	reached a settlement of $1 million, and
55	WHEREAS, on March 29, 2005, the Circuit Court of the
56	Eleventh Judicial Circuit issued a final consent judgment
57	against Miami-Dade County in favor of Norka Laureiro in the sum
58	of $1 million, and
59	WHEREAS, $900 has already been paid pursuant to the limits
60	of liability set forth in section 768.28, Florida Statutes, NOW,
61	THEREFORE,
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  The facts stated in the preamble to this act
66	are found and declared to be true.
67	Section 2.  Miami-Dade County is authorized and directed to
68	appropriate from funds of the county not otherwise appropriated
69	and to draw a warrant payable to Norka Laureiro in the amount of
70	$999,100 for injuries and damages she sustained due to the
71	negligence of Miami-Dade County.
72	Section 3. Payment for attorney's fees and costs incurred
73	by the claimant's attorneys shall not exceed $299,004. Payment
74	for the professional services and costs of lobbyists advocating
75	for passage of this claim shall not exceed $10,000.
76	Section 4.  This act shall take effect upon becoming a law.

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