1 | A bill to be entitled |
2 | An act for the relief of Donna Sofka Marini (formerly |
3 | known as Donna Sofka) by Polk County; providing for an |
4 | appropriation to compensate her for injuries and damages |
5 | sustained due to the negligence of Polk County; providing |
6 | a limitation on the payment of fees and costs; providing |
7 | an effective date. |
8 |
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9 | WHEREAS, on December 28, 1988, Donna Sofka Marini (then |
10 | known as Donna Sofka) was involved in a vehicular accident that |
11 | left her a quadriplegic, and |
12 | WHEREAS, on that date, Donna Sofka Marini was driving her |
13 | car westward on East Lamp Post Lane north of Lakeland, where |
14 | East Post Lane meets Old Polk City Road at the crest of a small |
15 | hill, and |
16 | WHEREAS, East Lamp Post Lane had recently been extended |
17 | past Old Polk City Road into a relatively new road named West |
18 | Lamp Post Lane, but there was no stop sign or other marking |
19 | denoting the intersection, and |
20 | WHEREAS, despite Polk County's knowledge that recent |
21 | construction in the area had created a four-way intersection and |
22 | essentially a "through" street, traffic-control devices had not |
23 | been installed at the time of the accident, and |
24 | WHEREAS, suit was filed against various defendants, |
25 | including Polk County, and, at trial, unrebutted testimony |
26 | established that the creation of the four-way intersection |
27 | created a dangerous condition, and |
28 | WHEREAS, Polk County's own traffic-sign foreman concurred |
29 | that the intersection was dangerous, and the manual used by the |
30 | county clearly indicated that traffic control devices were |
31 | needed at the intersection, and |
32 | WHEREAS, the jury agreed and awarded Donna Sofka Marini |
33 | $6.5 million in damages, in accordance with the degree of |
34 | responsibility for the accident attributed to the county, which |
35 | was 77 percent, and |
36 | WHEREAS, after years of appeals and a new trial, a |
37 | Stipulated Final Judgment in the amount of $600,000 against the |
38 | county was entered into by the parties, NOW, THEREFORE, |
39 |
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40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. The facts stated in the preamble to this act |
43 | are found and declared to be true. |
44 | Section 2. The Board of County Commissioners of Polk |
45 | County is authorized and directed to appropriate from funds of |
46 | the county not otherwise appropriated and to draw a warrant |
47 | payable to Donna Sofka Marini for the total amount of $600,000 |
48 | as compensation for injuries and damages sustained as a result |
49 | of the negligence of Polk County. |
50 | Section 3. Any amount awarded under this act pursuant to |
51 | the waiver of sovereign immunity permitted under s. 768.28, |
52 | Florida Statutes, and this award is intended to provide the sole |
53 | compensation for all present and future claims arising out of |
54 | the factual situation described in the preamble to this act |
55 | which resulted in the injury to Donna Sofka Marini. The total |
56 | amount paid for attorney's fees, lobbying fees, costs, and other |
57 | similar expenses relating to this claim may not exceed 25 |
58 | percent of the amount awarded under section 2. |
59 | Section 4. This act shall take effect upon becoming a law. |