HB 355

1	A bill to be entitled
2	An act for the relief of Dr. Sherrill Lynn Aversa,
3	deceased; providing an appropriation to compensate the
4	estate of Dr. Sherrill Lynn Aversa for the death of Dr.
5	Sherrill Lynn Aversa as the result of negligence by an
6	employee of the Department of Transportation; providing
7	for attorney's fees and costs; providing an effective
8	date.
9
10	WHEREAS, on June 21, 1999, an employee of the Department of
11	Transportation was driving a departmental truck northbound on
12	Interstate 75 in Hillsborough County, Florida, and
13	WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having
14	completed an interview with the University of South Florida
15	Medical School, was traveling south on Interstate 75, and
16	WHEREAS, by departmental policy, employees of the
17	department are required to ensure that all items used by the
18	department and stored on a departmental truck are appropriately
19	secured to the truck, and
20	WHEREAS, one such item used by the department and stored on
21	the truck was a 12-foot extension ladder stored on the top of
22	the truck, and
23	WHEREAS, the department's employee failed to ensure that
24	the ladder was secured to the truck before leaving the
25	department's maintenance yard, and
26	WHEREAS, thereafter, while the employee traveled northbound
27	on Interstate 75, the extension ladder flew from the roof of the
28	truck into the northbound traffic following the department's
29	truck, and
30	WHEREAS, the driver to the rear of the department's truck
31	swerved to avoid hitting the extension ladder, which came
32	directly at the driver in her lane of Interstate 75, and
33	WHEREAS, as a result of the swerving movements, the driver
34	of the car behind the department's truck lost control of her
35	vehicle, veered to the left, crossed the Interstate 75 median,
36	and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,
37	and
38	WHEREAS, as a result of these events, the estate of Dr.
39	Aversa brought suit against the Department of Transportation for
40	the negligence causing the death of Dr. Aversa, and
41	WHEREAS, after 3 years of litigation, the department
42	admitted liability for the accident and agreed to settle the
43	case, and
44	WHEREAS, the parties agreed to a consent judgment solely
45	against the department, with no comparative negligence finding
46	against any other party, in the amount of $800,000, and
47	WHEREAS, the Department of Transportation has paid $150,000
48	to the estate of Dr. Sherrill Lynn Aversa, and her husband, Lee
49	A. Crandall, under the statutory limits of liability set forth
50	in section 768.28, Florida Statutes, NOW, THEREFORE,
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  The facts stated in the preamble to this act
55	are found and declared to be true.
56	Section 2.  The Executive Office of the Governor is
57	directed to establish spending authority from unappropriated
58	trust fund balances of the Department of Transportation in the
59	amount of $650,000 to a new category titled "Relief: Estate of
60	Dr. Sherrill Lynn Aversa" as relief for injuries and damages
61	sustained, which amount includes attorney's fees and costs.
62	Section 3.  The Chief Financial Officer is directed to draw
63	a warrant, pursuant to the Stipulated Settlement Agreement
64	executed by the Department of Transportation and the personal
65	representative of the estate of Dr. Sherrill Lynn Aversa, in the
66	sum of $650,000 upon funds of the Department of Transportation
67	in the State Treasury, and the Chief Financial Officer is
68	directed to pay the same out of such funds in the State
69	Treasury.
70	Section 4.  This act shall take effect upon becoming a law.

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