| 1 | A bill to be entitled |
| 2 | An act for the relief of Jose Pena, as Personal |
| 3 | Representative of the Estate of Carmen Pena, deceased, and |
| 4 | individually, as surviving father of Katherine Pena and |
| 5 | Richard Pena, deceased minor children of Carmen Pena and |
| 6 | Jose Pena, and Johammes Pena, surviving son of Carmen |
| 7 | Pena, by the City of Hialeah; providing for an |
| 8 | appropriation to compensate them for the death of Carmen |
| 9 | Pena, Katherine Pena, and Richard Pena as a result of the |
| 10 | negligence of the City of Hialeah; providing an effective |
| 11 | date. |
| 12 |
|
| 13 | WHEREAS, on October 21, 1990, Carmen Pena was driving her |
| 14 | family car on West 68th Street, near West 26th Drive in the City |
| 15 | of Hialeah, and |
| 16 | WHEREAS, riding as passengers in Carmen Pena's car on |
| 17 | October 21, 1990, were 6-year-old Katherine Pena, minor child of |
| 18 | Carmen Pena and Jose Pena, 12-year-old Richard Pena, minor child |
| 19 | of Carmen Pena and Jose Pena, 16-year-old Johammes Pena, minor |
| 20 | child of Carmen Pena and Jose Pena, and Jose Pena, ex-husband of |
| 21 | Carmen Pena and father of minor children Katherine Pena, Richard |
| 22 | Pena, and Johammes Pena, and |
| 23 | WHEREAS, on October 21, 1990, the vehicle being driven by |
| 24 | Carmen Pena left the roadway on which she was traveling and hit |
| 25 | a dangerously large drop-off as she was attempting to return to |
| 26 | the road, which caused Carmen Pena to lose control of her |
| 27 | vehicle and veer into a canal, and |
| 28 | WHEREAS, as a result of the accident, Carmen Pena, |
| 29 | Katherine Pena, and Richard Pena were killed, and |
| 30 | WHEREAS, on July 15, 1991, a complaint was filed on behalf |
| 31 | of the Estates of Carmen Pena, Katherine Pena, and Richard Pena, |
| 32 | and on behalf of the surviving father, Jose Pena, and on behalf |
| 33 | of the surviving son, Johammes Pena, and |
| 34 | WHEREAS, in the complaint, the City of Hialeah was charged |
| 35 | with failing to properly inspect and maintain the roadway and |
| 36 | shoulder of the roadway, allowing a large and dangerous drop-off |
| 37 | to occur on the shoulder, and |
| 38 | WHEREAS, on October 28, 1994, the jury returned a verdict |
| 39 | against the City of Hialeah finding the City of Hialeah to be 75 |
| 40 | percent negligent and Carmen Pena to be 25 percent negligent, |
| 41 | and |
| 42 | WHEREAS, final judgments were entered for Johammes Pena in |
| 43 | the amount of $187,500 for the loss of his mother, Carmen Pena; |
| 44 | for Jose Pena in the amount of $78,395.84 for the loss of his |
| 45 | daughter, Katherine Pena; for Jose Pena in the amount of |
| 46 | $242,199.65 for the loss of his son, Richard Pena; and for Jose |
| 47 | Pena in the amount of $784,570.04 for the Estate of Carmen Pena, |
| 48 | and |
| 49 | WHEREAS, the total amount of the final judgments is |
| 50 | $1,292,665.53, and |
| 51 | WHEREAS, costs were awarded in the amount of $8,395.61, and |
| 52 | WHEREAS, the total amount of the net final judgment is |
| 53 | $1,301,061.14, and |
| 54 | WHEREAS, the City of Hialeah has paid $200,000 in |
| 55 | accordance with the limits set forth in section 768.28, Florida |
| 56 | Statutes, leaving an unpaid judgment in the amount of |
| 57 | $1,101,061.14, NOW, THEREFORE, |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
|
| 61 | Section 1. The facts stated in the preamble to this act |
| 62 | are found and declared to be true. |
| 63 | Section 2. The City of Hialeah is authorized and directed |
| 64 | to appropriate from funds of the city not otherwise appropriated |
| 65 | and to draw a warrant payable to Jose Pena, as Personal |
| 66 | Representative of the Estate of Carmen Pena, for the total |
| 67 | amount of $592,965.65, for injuries and damages sustained due to |
| 68 | the death of Carmen Pena. |
| 69 | Section 3. The City of Hialeah is authorized and directed |
| 70 | to appropriate from funds of the city not otherwise appropriated |
| 71 | and to draw a warrant payable to Jose Pena, individually, for |
| 72 | the total amount of $320,595.49 for injuries and damages |
| 73 | sustained due to the death of his daughter, Katherine Pena, a |
| 74 | minor, and his son, Richard Pena, a minor. |
| 75 | Section 4. The City of Hialeah is authorized and directed |
| 76 | to appropriate from funds of the city not otherwise appropriated |
| 77 | and to draw a warrant payable to Johammes Pena, surviving son of |
| 78 | Carmen Pena, for the total amount of $187,500 for injuries and |
| 79 | damages sustained due to the death of his mother, Carmen Pena, |
| 80 | due to the negligence of the City of Hialeah. |
| 81 | Section 5. This act shall take effect upon becoming a law. |