| 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 a limitation on |
| 8 | attorney's fees, lobbying fees, costs, and other similar |
| 9 | expenses relating to the claim; providing an effective |
| 10 | date. |
| 11 |
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| 12 | WHEREAS, on June 21, 1999, an employee of the Department of |
| 13 | Transportation was driving a departmental truck northbound on |
| 14 | Interstate 75 in Hillsborough County, Florida, and |
| 15 | WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having |
| 16 | completed an interview with the University of South Florida |
| 17 | Medical School, was traveling south on Interstate 75, and |
| 18 | WHEREAS, by departmental policy, employees of the |
| 19 | department are required to ensure that all items used by the |
| 20 | department and stored on a departmental truck are appropriately |
| 21 | secured to the truck, and |
| 22 | WHEREAS, one such item used by the department and stored on |
| 23 | the truck was a 12-foot extension ladder stored on the top of |
| 24 | the truck, and |
| 25 | WHEREAS, the department's employee failed to ensure that |
| 26 | the ladder was secured to the truck before leaving the |
| 27 | department's maintenance yard, and |
| 28 | WHEREAS, thereafter, while the employee traveled northbound |
| 29 | on Interstate 75, the extension ladder flew from the roof of the |
| 30 | truck into the northbound traffic following the department's |
| 31 | truck, and |
| 32 | WHEREAS, the driver to the rear of the department's truck |
| 33 | swerved to avoid hitting the extension ladder, which came |
| 34 | directly at the driver in her lane of Interstate 75, and |
| 35 | WHEREAS, as a result of the swerving movements, the driver |
| 36 | of the car behind the department's truck lost control of her |
| 37 | vehicle, veered to the left, crossed the Interstate 75 median, |
| 38 | and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly, |
| 39 | and |
| 40 | WHEREAS, as a result of these events, the estate of Dr. |
| 41 | Aversa brought suit against the Department of Transportation for |
| 42 | the negligence causing the death of Dr. Aversa, and |
| 43 | WHEREAS, after 3 years of litigation, the department |
| 44 | admitted liability for the accident and agreed to settle the |
| 45 | case, and |
| 46 | WHEREAS, the parties agreed to a consent judgment solely |
| 47 | against the department, with no comparative negligence finding |
| 48 | against any other party, in the amount of $800,000, and |
| 49 | WHEREAS, the Department of Transportation has paid $150,000 |
| 50 | to the estate of Dr. Sherrill Lynn Aversa, and her husband, Lee |
| 51 | A. Crandall, under the statutory limits of liability set forth |
| 52 | in section 768.28, Florida Statutes, NOW, THEREFORE, |
| 53 |
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| 54 | Be It Enacted by the Legislature of the State of Florida: |
| 55 |
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| 56 | Section 1. The facts stated in the preamble to this act |
| 57 | are found and declared to be true. |
| 58 | Section 2. The Executive Office of the Governor is |
| 59 | directed to establish spending authority from unappropriated |
| 60 | trust fund balances of the Department of Transportation in the |
| 61 | amount of $650,000 to a new category titled "Relief: Estate of |
| 62 | Dr. Sherrill Lynn Aversa" as relief for injuries and damages |
| 63 | sustained, which amount includes attorney's fees and costs. |
| 64 | Section 3. The Chief Financial Officer is directed to draw |
| 65 | a warrant, pursuant to the Stipulated Settlement Agreement |
| 66 | executed by the Department of Transportation and the personal |
| 67 | representative of the estate of Dr. Sherrill Lynn Aversa, in the |
| 68 | sum of $650,000 upon funds of the Department of Transportation |
| 69 | in the State Treasury, and the Chief Financial Officer is |
| 70 | directed to pay the same out of such funds in the State |
| 71 | Treasury. |
| 72 | Section 4. Any amount awarded under this act pursuant to |
| 73 | the waiver of sovereign immunity permitted under s. 768.28, |
| 74 | Florida Statutes, and this award is intended to provide the sole |
| 75 | compensation for all present and future claims arising out of |
| 76 | the factual situation described in the preamble to this act |
| 77 | which resulted in the death of Dr. Sherrill Lynn Aversa. The |
| 78 | total amount paid for attorney's fees, lobbying fees, costs, and |
| 79 | other similar expenses relating to this claim may not exceed 25 |
| 80 | percent of the amount awarded under section. |
| 81 | Section 5. This act shall take effect upon becoming a law. |