| 1 | A bill to be entitled |
| 2 | An act for the relief of Angela Isham by the City of Ft. |
| 3 | Lauderdale; providing for an appropriation to compensate |
| 4 | Angela Isham, individually, and as co-personal |
| 5 | representative of the Estate of David Isham, deceased, for |
| 6 | the death of Mr. Isham which was due to the negligence of |
| 7 | employees of the City of Ft. Lauderdale; providing for |
| 8 | attorney's fees and costs; providing a limitation on the |
| 9 | payment of fees and costs; providing an effective date. |
| 10 |
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| 11 | WHEREAS, on November 15, 2001, David Isham, the owner of a |
| 12 | landscaping business and a pest control business, was driving |
| 13 | along N.W. 13th Street in Ft. Lauderdale, and |
| 14 | WHEREAS, in an unmarked police vehicle, police officers |
| 15 | from the Ft. Lauderdale Police Department were engaged in an |
| 16 | undercover narcotics surveillance and were in pursuit of a |
| 17 | suspect who was driving a 1994 BMW, and |
| 18 | WHEREAS, while being chased by the police officers, the |
| 19 | suspect collided with Mr. Isham's vehicle and caused Mr. Isham's |
| 20 | vehicle to flip upside down, catch on fire, and trap Mr. Isham |
| 21 | inside, and |
| 22 | WHEREAS, as a result of the collision, Mr. Isham died and |
| 23 | left behind his grieving widow, Angela Isham, and |
| 24 | WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft. |
| 25 | Lauderdale, and a week-long jury trial ensued in which the jury |
| 26 | found that the police officers, acting in an official capacity |
| 27 | as employees of the City of Ft. Lauderdale, were negligent with |
| 28 | regard to the vehicle chase that ultimately resulted in the |
| 29 | death of Mr. Isham and that their actions were the legal cause |
| 30 | of injury and death to Mr. Isham, and |
| 31 | WHEREAS, the jury returned a verdict on February 1, 2008, |
| 32 | in favor of Mrs. Isham, and final judgment was entered in the |
| 33 | amount of $1,435,219.25, plus postjudgment interest at the |
| 34 | statutory rate of 11 percent per annum, and |
| 35 | WHEREAS, the City of Ft. Lauderdale has paid only $200,000 |
| 36 | of the judgment and has not negotiated any settlement of the |
| 37 | remaining judgment, and |
| 38 | WHEREAS, the City of Ft. Lauderdale has approximately |
| 39 | $2,023,594.52 in its Risk Management Fund which is available to |
| 40 | pay claims or judgments such as the one presented by Mrs. Isham, |
| 41 | but it has not done so to date, and |
| 42 | WHEREAS, the balance of the net jury verdict in the amount |
| 43 | of $1,235,219.25 is sought through the submission of a claim |
| 44 | bill to the Legislature, NOW, THEREFORE, |
| 45 |
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| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
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| 48 | Section 1. The facts stated in the preamble to this act |
| 49 | are found and declared to be true. |
| 50 | Section 2. The City of Ft. Lauderdale is authorized and |
| 51 | directed to appropriate from funds of the city not otherwise |
| 52 | appropriated and to draw a warrant in the amount of |
| 53 | $1,235,219.25, plus postjudgment interest at the statutory rate |
| 54 | of 11 percent per annum, payable to Angela Isham, individually, |
| 55 | and as co-personal representative of the Estate of David Isham, |
| 56 | deceased. |
| 57 | Section 3. The amount paid by the City of Ft. Lauderdale |
| 58 | pursuant to s. 768.28, Florida Statutes, and the amount awarded |
| 59 | under this act are intended to provide the sole compensation for |
| 60 | all present and future claims arising out of the factual |
| 61 | situation described in this act which resulted in the death of |
| 62 | David Isham. The total amount paid for attorney's fees, lobbying |
| 63 | fees, costs, and other similar expenses relating to this claim |
| 64 | may not exceed 25 percent of the amount awarded under this act. |
| 65 | Section 4. This act shall take effect upon becoming a law. |