| 1 | A bill to be entitled |
| 2 | An act for the relief of the Estate of Cesar Solomon by |
| 3 | the Jacksonville Transportation Authority; providing for |
| 4 | an appropriation to compensate the Estate of Cesar Solomon |
| 5 | for Mr. Solomon's death, which was the result of |
| 6 | negligence by a bus driver of the Jacksonville |
| 7 | Transportation Authority; providing a limitation on the |
| 8 | payment of fees and costs; providing an effective date. |
| 9 |
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| 10 | WHEREAS, on March 25, 2008, Cesar Solomon, in the course of |
| 11 | his employment by the City of Jacksonville, was standing in the |
| 12 | bucket of an aerial lift truck while changing a traffic signal |
| 13 | bulb at the intersection of Commonwealth and Melson Avenues, and |
| 14 | WHEREAS, at the same time Gwendolyn Wells Mordecai, while |
| 15 | in the course and scope of her employment, was driving a bus |
| 16 | owned and operated by the Jacksonville Transportation Authority |
| 17 | and crashed the bus into the aerial lift truck, knocking Cesar |
| 18 | Solomon out of the bucket to his death, and |
| 19 | WHEREAS, the Estate of Cesar Solomon filed a lawsuit |
| 20 | against the Jacksonville Transportation Authority, Gwendolyn |
| 21 | Wells Mordecai, and Jax Transit Management for negligence, and |
| 22 | WHEREAS, the Jacksonville Transportation Authority and Jax |
| 23 | Transit Management acknowledged that Gwendolyn Wells Mordecai |
| 24 | was responsible for the accident and that Cesar Solomon was not |
| 25 | comparatively negligent, and |
| 26 | WHEREAS, the Jacksonville Transportation Authority entered |
| 27 | into a stipulated judgment in favor of the Estate of Cesar |
| 28 | Solomon for $1.25 million and acknowledged that a jury likely |
| 29 | would have entered a multi-million-dollar verdict if the lawsuit |
| 30 | had proceeded to trial, and |
| 31 | WHEREAS, the Jacksonville Transportation Authority has paid |
| 32 | $200,000 to the Estate of Cesar Solomon, the maximum amount |
| 33 | authorized under s. 768.28, Florida Statutes, and |
| 34 | WHEREAS, the Jacksonville Transportation Authority has |
| 35 | agreed to remain neutral and not take any action adverse to the |
| 36 | pursuit of a claim bill by the Estate of Cesar Solomon to |
| 37 | authorize and direct the Jacksonville Transportation Authority |
| 38 | to pay the remaining $1.05 million pursuant to the stipulated |
| 39 | judgment, NOW, THEREFORE, |
| 40 |
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| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
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| 43 | Section 1. The facts stated in the preamble to this act |
| 44 | are found and declared to be true. |
| 45 | Section 2. The Jacksonville Transportation Authority is |
| 46 | authorized and directed to appropriate from funds of the |
| 47 | authority not otherwise appropriated and to draw warrants to pay |
| 48 | $1.05 million to the Estate of Cesar Solomon as compensation for |
| 49 | the death of Cesar Solomon. Each warrant shall be in the amount |
| 50 | of $350,000 and shall be paid annually for 3 years. |
| 51 | Section 3. The amount paid by the Jacksonville |
| 52 | Transportation Authority pursuant to s. 768.28, Florida |
| 53 | Statutes, and this award are intended to provide compensation |
| 54 | for all present and future claims arising out of the factual |
| 55 | situation that resulted in the death of Cesar Solomon as |
| 56 | described in this act. The total amount paid for attorney's |
| 57 | fees, lobbying fees, costs, and other similar expenses relating |
| 58 | to this claim may not exceed 25 percent of the amount awarded |
| 59 | under this act. |
| 60 | Section 4. This act shall take effect upon becoming a law. |