HB 355

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


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