Senate Bill sb0072

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007        (NP)                        SB 72

    By Senator Aronberg





    27-69-07

  1                      A bill to be entitled

  2         An act relating to the Palm Beach County

  3         Sheriff's Office; providing for the relief of

  4         Jennifer Graham to compensate her for injuries

  5         sustained as a result of the negligence of a

  6         deputy sheriff of the sheriff's office;

  7         providing for an appropriation; providing an

  8         effective date.

  9  

10         WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham

11  was seated on a park bench on the southwest corner of Park

12  Avenue located in Palm Beach County, Florida, and

13         WHEREAS, a deputy sheriff of the Palm Beach County

14  Sheriff's Office was traveling westbound on Park Avenue at

15  approximately 60 to 70 miles per hour according to an eye

16  witness, and

17         WHEREAS, when the deputy sheriff attempted to make a

18  left turn at this high rate of speed, he lost control of his

19  vehicle and collided with the park bench and Jennifer Graham,

20  and

21         WHEREAS, Ms. Graham was thrown approximately 30 feet

22  due to the collision and landed on a concrete sidewalk, and

23         WHEREAS, the Palm Beach County Sheriff's Office

24  investigated the accident and determined that the deputy

25  sheriff was the sole contributing cause of the accident by

26  exceeding a safe speed and losing control of the vehicle while

27  attempting to make a left turn, and

28         WHEREAS, Ms. Graham suffered multiple pelvic fractures

29  and a bladder rupture, for which she had immediate surgery; a

30  left acetabulum fracture; a right sacroiliac joint fracture; a

31  

                                  1

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






    Florida Senate - 2007        (NP)                        SB 72
    27-69-07




 1  pelvic hematoma; and an open laceration from her stomach to

 2  her pubic bone, and

 3         WHEREAS, as a result of her injuries, Ms. Graham later

 4  underwent multiple surgeries to repair a hernia, a left

 5  shoulder joint, and the pelvic and iliosacral fractures, the

 6  latter requiring hardware and screw fixation, and

 7         WHEREAS, Ms. Graham was admitted to two rehabilitation

 8  facilities for a total of approximately 5 months where she was

 9  diagnosed with chronic pain, gait disfunction, and depression,

10  and

11         WHEREAS, as a result of the accident, Ms. Graham

12  sustained a 40-percent permanent functional impairment and

13  permanent gait disfunction, and

14         WHEREAS, due to the severity of her injuries, Ms.

15  Graham cannot maintain employment and will require future

16  medical care over her lifetime and an additional surgery to

17  remove the hardware that was placed in her pelvis and

18  iliosacral joint, and

19         WHEREAS, Ms. Graham's medical expenses resulting from

20  this accident were $266,462.44 and the Palm Beach County

21  Health Care District has paid a portion of the outstanding

22  medical expenses, but has imposed a lien in the amount of

23  $87,937.31, and

24         WHEREAS, the present value of Ms. Graham's total

25  economic damages over her lifetime was calculated to be

26  $1,018,988.40; however, the expert economist hired by the Palm

27  Beach County Sheriff's Office calculated the value to be

28  $771,670, and

29         WHEREAS, Ms. Graham is also entitled to collect damages

30  for her past and future pain and suffering, mental anguish,

31  disability, and loss of enjoyment of life resulting from the

                                  2

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






    Florida Senate - 2007        (NP)                        SB 72
    27-69-07




 1  devastating injuries and severe impairment she incurred as a

 2  result of the accident, and

 3         WHEREAS, Ms. Graham filed a lawsuit against the Palm

 4  Beach County Sheriff's Office, and a trial was set to begin on

 5  July 18, 2005, and

 6         WHEREAS, on July 13, 2005, Ms. Graham and the Palm

 7  Beach County Sheriff's Office entered into an agreement to

 8  settle the lawsuit in the amount of $950,000, of which the

 9  sheriff's office paid $100,000 at the time the settlement

10  agreement was signed by all parties, NOW, THEREFORE,

11  

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

13  

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

15  act are found and declared to be true.

16         Section 2.  The Palm Beach County Sheriff's Office is

17  authorized and directed to pay to Jennifer Graham, out of

18  insurance proceeds or out of moneys appropriated by the

19  sheriff's office from funds of the sheriff's office not

20  otherwise encumbered, the sum of $850,000 for injuries and

21  damages sustained due to the negligence of the deputy sheriff

22  of the Palm Beach County Sheriff's Office in the following

23  manner, as agreed by the parties in their settlement

24  agreement:

25         (1)  Three hundred fifty thousand dollars, paid within

26  20 days after notice to the Palm Beach County Sheriff's Office

27  upon the effective date of this act;

28         (2)  Two hundred fifty thousand dollars, paid 1 year

29  following the date of the payment of the first payment of

30  $350,000; and

31  

                                  3

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






    Florida Senate - 2007        (NP)                        SB 72
    27-69-07




 1         (3)  Two hundred fifty thousand dollars, paid 2 years

 2  following the date of the first payment of $350,000.

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

 4  law.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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