Florida Senate - 2010 (NP) SB 70 By Senator Wilson 33-00220-10 201070__ 1 A bill to be entitled 2 An act for the relief of Monica Cantillo Acosta and 3 Luis Alberto Cantillo Acosta, surviving children of 4 Nhora Acosta by Miami-Dade County; providing for an 5 appropriation to compensate them for the wrongful 6 death of their mother, Nhora Acosta, due to injuries 7 sustained as a result of the negligence of a Miami 8 Dade County bus driver; providing a limitation on the 9 payment of fees and costs; providing an effective 10 date. 11 12 WHEREAS, on November 12, 2004, at approximately 4:16 p.m. 13 in Miami-Dade County, Nhora Acosta entered Miami-Dade County bus 14 #04142 at a stop on S.W. 8th Street in Miami, Florida, paid the 15 driver, and was trying to find a seat on the crowded bus, and 16 WHEREAS, while Nhora Acosta walked toward the rear of the 17 bus in search of a seat, the bus driver ignored her safety and 18 failed to appropriately anticipate the stop-and-go traffic 19 patterns on the busy street. As a result, the bus driver 20 accelerated so quickly that in order to avoid a collision with 21 another vehicle, he suddenly slammed on the brakes which caused 22 Nhora Acosta to fall and strike her head on an interior portion 23 of the bus, and 24 WHEREAS, because of the sudden change in velocity and the 25 violent force upon which Nhora Acosta struck her head within the 26 bus interior, she suffered a severe closed head injury and 27 massive brain damage, including a right subdural hemorrhage, a 28 left dural hemorrhage, diffused cerebral edema, and basilar 29 herniations, and 30 WHEREAS, Nhora Acosta was rushed to the trauma 31 resuscitation bay at Jackson Memorial Hospital in a comatose 32 state, placed on a ventilator, underwent various procedures to 33 no avail, and was pronounced dead at 2:05 p.m. the next day, and 34 WHEREAS, Nhora Acosta was a 54-year-old single mother of 35 two children, Monica Cantillo Acosta and Luis Alberto Cantillo 36 Acosta, who were raised exclusively by their mother, and because 37 of her death, her children were left orphaned, and 38 WHEREAS, Monica Cantillo Acosta and Luis Alberto Cantillo 39 Acosta loved their mother and only parent dearly and have 40 suffered enormous, intense mental pain and suffering due to 41 their mother’s untimely death, and have further lost the 42 support, love, guidance, and consortium of their only parent, 43 Nhora Acosta, as a result of the negligence of the Miami-Dade 44 bus driver, and 45 WHEREAS, on November 5, 2007, a Miami-Dade County jury 46 rendered a verdict and found the Miami-Dade County bus driver 47 100 percent negligent and responsible for the wrongful death of 48 Nhora Acosta, and determined the damages of Monica Cantillo 49 Acosta and Luis Alberto Cantillo Acosta to be $3 million each, 50 NOW, THEREFORE, 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. The facts stated in the preamble to this act are 55 found and declared to be true. 56 Section 2. Miami-Dade County is authorized and directed to 57 appropriate from funds of the county not otherwise appropriated 58 and to draw a warrant in the sum of $3 million, payable to 59 Monica Cantillo Acosta, and $3 million, payable to Luis Alberto 60 Cantillo Acosta as compensation for the wrongful death of their 61 mother, Nhora Acosta. 62 Section 3. The amount awarded under this act is intended to 63 provide the sole compensation for all present and future claims 64 arising out of the factual situation described in this act which 65 resulted in the death of Nhora Acosta. The total amount paid for 66 attorney’s fees, lobbying fees, costs, and other similar 67 expenses relating to this claim may not exceed 25 percent of the 68 amount awarded under this act. 69 Section 4. This act shall take effect upon becoming a law.