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