HB 185

1
A bill to be entitled
2An act for the relief of Angela Isham by the City of Ft.
3Lauderdale; providing for an appropriation to compensate
4Angela Isham, individually, and as co-personal
5representative of the Estate of David Isham, deceased, for
6the death of Mr. Isham, which was due to the negligence of
7employees of the City of Ft. Lauderdale; providing a
8limitation on the payment of fees and costs; providing an
9effective date.
10
11     WHEREAS, on November 15, 2001, David Isham, the owner of a
12landscaping business and a pest control business, was driving
13along N.W. 13th Street in Ft. Lauderdale, and
14     WHEREAS, in an unmarked police vehicle, police officers
15from the Ft. Lauderdale Police Department were engaged in an
16undercover narcotics surveillance and were in pursuit of a
17suspect who was driving a 1994 BMW, and
18     WHEREAS, while being chased by the police officers, the
19suspect collided with Mr. Isham's vehicle and caused Mr. Isham's
20vehicle to flip upside down, catch on fire, and trap Mr. Isham
21inside, and
22     WHEREAS, as a result of the collision, Mr. Isham died and
23left behind his grieving widow, Angela Isham, and
24     WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft.
25Lauderdale, and a week-long jury trial ensued in which the jury
26found that the police officers, acting in an official capacity
27as employees of the City of Ft. Lauderdale, were negligent with
28regard to the vehicle chase that ultimately resulted in the
29death of Mr. Isham and that their actions were the legal cause
30of injury and death to Mr. Isham, and
31     WHEREAS, the jury returned a verdict on February 1, 2008,
32in favor of Mrs. Isham, and final judgment was entered in the
33amount of $1,435,219.25, plus postjudgment interest at the
34statutory rate of 11 percent per annum, and
35     WHEREAS, the City of Ft. Lauderdale has paid only $200,000
36of the judgment to date, and
37     WHEREAS, the City of Ft. Lauderdale has sufficient funds in
38its Risk Management Fund available to pay this claim, NOW,
39THEREFORE,
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  The facts stated in the preamble to this act
44are found and declared to be true.
45     Section 2.  The City of Ft. Lauderdale is authorized and
46directed to appropriate from funds of the city not otherwise
47appropriated and to draw warrants payable to Angela Isham,
48individually, and as co-personal representative of the Estate of
49David Isham, deceased, in the amounts and in the timeframe
50contained in the Partial Satisfaction and Settlement Agreement
51between the City of Ft. Lauderdale and Angela Isham, said amount
52totaling $600,000 above the amount already paid by the City of
53Ft. Lauderdale pursuant to s. 768.28, Florida Statutes.
54     Section 3.  The amount paid by the City of Ft. Lauderdale
55pursuant to s. 768.28, Florida Statutes, and the amount awarded
56under this act are intended to provide the sole compensation for
57all present and future claims arising out of the factual
58situation described in this act which resulted in the death of
59David Isham. The total amount paid for attorney's fees, lobbying
60fees, costs, and other similar expenses relating to this claim
61may not exceed 25 percent of the amount awarded under this act.
62     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.