1 | A bill to be entitled |
2 | An act for the relief of Altavious Carter by the Palm |
3 | Beach County School Board; providing for an appropriation |
4 | to compensate Altavious Carter for injuries sustained as a |
5 | result of the negligence of a bus driver of the Palm Beach |
6 | County School District; providing a limitation on the |
7 | payment of fees and costs; providing an effective date. |
8 |
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9 | WHEREAS, on December 15, 2005, 14-year-old Altavious |
10 | Carter, a freshman at Summit Christian School in Palm Beach |
11 | County, was a passenger in a vehicle driven by Vincent H. |
12 | Merriweather which was struck by a school bus driven by an |
13 | employee of the Palm Beach County School District while Mr. |
14 | Merriweather was stopped at a red light at the intersection of |
15 | Forest Hill Boulevard and Olympia Boulevard in Palm Beach |
16 | County, and |
17 | WHEREAS, the bus driver, Dennis Gratham, was cited for |
18 | careless driving and the speed of the bus at the time of impact |
19 | was 48.5 miles per hour, and |
20 | WHEREAS, the seat in which Altavious Carter was sitting was |
21 | broken as a result of the crash, and Mr. Carter, who was wearing |
22 | a seatbelt, was thrown into the back of the van, his neck was |
23 | broken at the C6 level, and he suffered a C6-7 interior |
24 | subluxation and reversal of normal cervical lordosis, with |
25 | spinal cord flattening, and |
26 | WHEREAS, Altavious Carter was taken by ambulance to |
27 | Wellington Regional Medical Center and subsequently to St. |
28 | Mary's Medical Center where he was diagnosed and treated for |
29 | these injuries, and |
30 | WHEREAS, Altavious Carter received a discectomy/fusion at |
31 | C6-7, along with placement of a bone graft and cage, plates, and |
32 | screws to fuse the spine at C6-7, and |
33 | WHEREAS, following rehabilitation, an MRI was taken in June |
34 | 2009 which indicated a small herniation at the C7-T1 level, |
35 | representing the start of degenerative disc disease, and |
36 | WHEREAS, on February 25, 2010, Altavious Carter received a |
37 | jury verdict against the Palm Beach County School Board and the |
38 | court entered a judgment in the amount of $1,094,034.30, and |
39 | WHEREAS, the Palm Beach County School Board is obligated to |
40 | pay the statutory limit of $100,000 under s. 768.28, Florida |
41 | Statutes, and |
42 | WHEREAS, the Palm Beach County School Board is responsible |
43 | for paying the remainder of the judgment, which is $994,034.30, |
44 | 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 Palm Beach County School Board is |
51 | authorized and directed to appropriate from funds of the school |
52 | board not otherwise encumbered and to draw a warrant in the sum |
53 | of $944,034.30, payable to Altavious Carter, as compensation for |
54 | injuries and damages sustained. |
55 | Section 3. The amount paid by the Palm Beach County School |
56 | Board pursuant to s. 768.28, Florida Statutes, and amount |
57 | awarded under this act are intended to provide the sole |
58 | compensation for all present and future claims arising out of |
59 | the factual situation described in this act which resulted in |
60 | injuries to Altavious Carter. The total amount paid for |
61 | attorney's fees, lobbying fees, costs, and other similar |
62 | expenses relating to this claim may not exceed 25 percent of the |
63 | total amount awarded under this act. |
64 | Section 4. This act shall take effect upon becoming a law. |