Florida Senate - 2009 (Reformatted) SB 40 By Senator Pruitt 28-00113A-09 200940__ 1 A bill to be entitled 2 An act for the relief of Angela Isham by the City of 3 Ft. Lauderdale; providing for an appropriation to 4 compensate Angela Isham, individually, and as co 5 personal representative of the Estate of David Isham, 6 deceased, for the death of Mr. Isham which was due to 7 the negligence of employees of the City of Ft. 8 Lauderdale; providing for attorney's fees and costs; 9 providing a limitation on the payment of fees and 10 costs; providing an effective date. 11 12 WHEREAS, on November 15, 2001, David Isham, the owner of a 13 landscaping business and a pest control business, was driving 14 along N.W. 13th Street in Ft. Lauderdale, and 15 WHEREAS, in an unmarked police vehicle, police officers 16 from the Ft. Lauderdale Police Department were engaged in an 17 undercover narcotics surveillance and were in pursuit of a 18 suspect who was driving a 1994 BMW, and 19 WHEREAS, while being chased by the police officers, the 20 suspect collided with Mr. Isham's vehicle and caused Mr. Isham's 21 vehicle to flip upside down, catch on fire, and trap Mr. Isham 22 inside, and 23 WHEREAS, as a result of the collision, Mr. Isham died and 24 left behind his grieving widow, Angela Isham, and 25 WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft. 26 Lauderdale, and a week-long jury trial ensued in which the jury 27 found that the police officers, acting in an official capacity 28 as employees of the City of Ft. Lauderdale, were negligent with 29 regard to the vehicle chase that ultimately resulted in the 30 death of Mr. Isham and that their actions were the legal cause 31 of injury and death to Mr. Isham, and 32 WHEREAS, the jury returned a verdict on February 1, 2008, 33 in favor of Mrs. Isham in the amount of $1,870,438.50, comprised 34 of $1,270,438.50 in economic damages, as agreed and stipulated 35 to by the City of Ft. Lauderdale, and $600,000 in noneconomic 36 damages for loss of companionship and protection and for pain 37 and suffering as a result of the death of David Isham, and 38 WHEREAS, an agreed and stipulated judgment was entered 39 against the City of Ft. Lauderdale in the amount of 40 $1,435,219.25, plus statutory postjudgment interest, which 41 represented a reduction in noneconomic damages and the payment 42 of $200,000 by the City of Ft. Lauderdale according to the Order 43 on Plaintiff's Motion for Entry of Final Judgment which was 44 entered on June 4, 2008, and 45 WHEREAS, since February 1, 2008, documentable, postverdict 46 attorney's costs in the amount of $809.64 and attorney's fees in 47 the amount of $18,900 have accrued in an attempt to reach a 48 settlement with the City of Ft. Lauderdale, and 49 WHEREAS, the City of Ft. Lauderdale has paid only $200,000 50 of the judgment and has not negotiated any settlement of the 51 remaining judgment, and 52 WHEREAS, the City of Ft. Lauderdale has approximately 53 $2,023,594.52 in its Risk Management Fund which is available to 54 pay claims or judgments such as the one presented by Mrs. Isham, 55 but it has not done so to date, and 56 WHEREAS, the balance of the net jury verdict in the amount 57 of $1,435,219.25 is sought through the submission of a claim 58 bill to the Legislature, NOW, THEREFORE, 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. The facts stated in the preamble to this act are 63 found and declared to be true. 64 Section 2. The City of Ft. Lauderdale is authorized and 65 directed to appropriate from funds of the city not otherwise 66 appropriated and to draw a warrant in the amount of 67 $1,435,219.25, plus postjudgment interest at the statutory rate 68 of 11 percent per annum, payable to Angela Isham, individually, 69 and as co-personal representative of the Estate of David Isham, 70 deceased, which is inclusive of the prejudgment attorney's fees 71 and costs, as limited in accordance with state law, as 72 compensation for the death of her husband, David Isham. 73 Section 3. The City of Ft. Lauderdale is authorized and 74 directed to appropriate from funds of the city not otherwise 75 appropriated and to draw a warrant in the amount of $19,709.64 76 as compensation for postverdict attorney's fees and costs. 77 Section 4. This award is intended to provide the sole 78 compensation for all present and future claims arising out of 79 the factual situation described in this act which resulted in 80 the death of David Isham. The total amount paid for attorney's 81 fees and lobbying fees relating to this claim may not exceed 25 82 percent of the amount awarded under this act. 83 Section 5. This act shall take effect upon becoming a law.