Senate Bill sb0080c1

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    Florida Senate - 2007        (NP)                 CS for SB 80

    By the Committee on Community Affairs; and Senator Diaz de la


  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Norka Laureiro; authorizing

  4         and directing Miami-Dade County to compensate

  5         Norka Laureiro for injuries sustained as a

  6         result of a collision caused by a Miami-Dade

  7         County bus; providing for a limitation on

  8         payment of fees and costs; providing an

  9         effective date.


11         WHEREAS, on March 25, 1998, Norka Laureiro was

12  transporting children in a private school van when she

13  approached an intersection, and

14         WHEREAS, a Miami-Dade County bus ran a stop sign at the

15  intersection and collided with Ms. Laureiro's van, which

16  caused serious injuries to Ms. Laureiro and several children,

17  and

18         WHEREAS, the driver of the Miami-Dade County bus had a

19  significant history of driving citations and safety

20  violations, and

21         WHEREAS, as a result of the collision, Ms. Laureiro

22  suffered a crushing blow to her head which caused bone and

23  nerve damage, and she underwent reconstructive surgery;

24  however, Ms. Laureiro has permanent numbness on the right side

25  of her face due to damaged cranial nerves, and

26         WHEREAS, Ms. Laureiro also suffered permanent injury to

27  her Achilles tendon, several fractures to her right leg, and a

28  subtalar joint dislocation to her right foot which required

29  two major orthopedic surgeries, and because of the extent of

30  the break to and fragmentation of the bone in her foot,

31  surgery could not achieve complete alignment, and


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    Florida Senate - 2007        (NP)                 CS for SB 80

 1         WHEREAS, due to the resulting extensive arthritis and

 2  progressive nature of the injury, Ms. Laureiro is unable to

 3  use her foot normally, she will need additional surgeries in

 4  the future, her foot swells, she is in constant pain, and, as

 5  a result, Ms. Laureiro limps when she walks, which causes

 6  additional pain in her hips, back, and legs, and

 7         WHEREAS, since the accident, Ms. Laureiro has been

 8  under the care of a neurologist for the nerve damage to her

 9  foot, leg, and face and she has also been on antidepressants

10  since the collision, and

11         WHEREAS, before the accident, Ms. Laureiro owned her

12  own business that involved driving children to and from school

13  5 days a week, but due to the nature of her foot injury, she

14  is unable to continue her driving business, and she has not

15  worked since the accident, and

16         WHEREAS, on September 3, 2003, a jury from the

17  Miami-Dade County Circuit Court returned a verdict in favor of

18  Ms. Laureiro in the sum of $1,550,685.38 and $50,000 in favor

19  of Ms. Laureiro's husband, Fredy Laureiro, for his loss of

20  consortium, and

21         WHEREAS, Miami-Dade County appealed the verdict to the

22  Third District Court of Appeal, and while the appeal was

23  pending, the parties re-mediated the case and reached a

24  settlement of $1 million, and

25         WHEREAS, on March 29, 2005, the Circuit Court of the

26  Eleventh Judicial Circuit issued a final consent judgment

27  against Miami-Dade County in favor of Ms. Laureiro in the sum

28  of $1 million, NOW, THEREFORE,


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



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    Florida Senate - 2007        (NP)                 CS for SB 80

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

 2  act are found and declared to be true.

 3         Section 2.  Miami-Dade County is authorized and

 4  directed to appropriate from funds of the county not otherwise

 5  appropriated and to draw a warrant payable to Norka Laureiro

 6  in the amount of $999,100 for injuries and damages sustained

 7  due to the negligence of the Miami-Dade County bus driver.

 8         Section 3.  This award is intended to provide the sole

 9  compensation for any and all present and future claims arising

10  out of the factual situation in connection with the injury to

11  Norka Laureiro. Not more than 25 percent of the award may be

12  paid by the claimant for attorney's fees, lobbying fees, costs

13  or other similar expenses.

14         Section 4.  This act shall take effect upon becoming a

15  law.


                       COMMITTEE SUBSTITUTE FOR
18                          Senate Bill 80


20  The CS makes the following changes:

21  Reduces the amount of the claim bill from $1 million to
    Provides a limitation on payment of fees and costs.










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