HB 901

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


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