| 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 |
| 4 | appropriation to compensate Altavious Carter for |
| 5 | injuries sustained as a result of the negligence of a |
| 6 | bus driver of the Palm Beach County School District; |
| 7 | providing a limitation on the payment of fees and |
| 8 | costs; providing an effective date. |
| 9 |
|
| 10 | WHEREAS, on December 15, 2005, 14-year-old Altavious |
| 11 | Carter, a freshman at Summit Christian School in Palm Beach |
| 12 | County, was a passenger in a vehicle driven by Vincent H. |
| 13 | Merriweather which was struck by a school bus driven by an |
| 14 | employee of the Palm Beach County School District while Mr. |
| 15 | Merriweather was stopped at a red light at the intersection of |
| 16 | Forest Hill Boulevard and Olympia Boulevard in Palm Beach |
| 17 | County, and |
| 18 | WHEREAS, the bus driver, Dennis Gratham, was cited for |
| 19 | careless driving and the speed of the bus at the time of impact |
| 20 | was 48.5 miles per hour, and |
| 21 | WHEREAS, the seat in which Altavious Carter was sitting was |
| 22 | broken as a result of the crash, and Mr. Carter, who was wearing |
| 23 | a seatbelt, was thrown into the back of the van, his neck was |
| 24 | broken at the C6 level, and he suffered a C6-7 interior |
| 25 | subluxation and reversal of normal cervical lordosis, with |
| 26 | spinal cord flattening, and |
| 27 | WHEREAS, Altavious Carter was taken by ambulance to |
| 28 | Wellington Regional Medical Center and subsequently to St. |
| 29 | Mary's Medical Center where he was diagnosed and treated for |
| 30 | these injuries, and |
| 31 | WHEREAS, Altavious Carter received a discectomy/fusion at |
| 32 | C6-7, along with placement of a bone graft and cage, plates, and |
| 33 | screws to fuse the spine at C6-7, and |
| 34 | WHEREAS, following rehabilitation, an MRI was taken in June |
| 35 | 2009 which indicated a small herniation at the C7-T1 level, |
| 36 | representing the start of degenerative disc disease, and |
| 37 | WHEREAS, on February 25, 2010, Altavious Carter received a |
| 38 | jury verdict against the Palm Beach County School Board and the |
| 39 | court entered a judgment in the amount of $1,094,034.30, and |
| 40 | WHEREAS, the Palm Beach County School Board is obligated to |
| 41 | pay the statutory limit of $100,000 under s. 768.28, Florida |
| 42 | Statutes, and |
| 43 | WHEREAS, the Palm Beach County School Board is responsible |
| 44 | for paying the remainder of the judgment, which is $994,034.30, |
| 45 | NOW, THEREFORE, |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. The facts stated in the preamble to this act |
| 50 | are found and declared to be true. |
| 51 | Section 2. The Palm Beach County School Board is |
| 52 | authorized and directed to appropriate from funds of the school |
| 53 | board not otherwise encumbered and to draw a warrant in the sum |
| 54 | of $944,034.30, payable to Altavious Carter, as compensation for |
| 55 | injuries and damages sustained. |
| 56 | Section 3. The amount paid by the Palm Beach County School |
| 57 | Board pursuant to s. 768.28, Florida Statutes, and amount |
| 58 | awarded under this act are intended to provide the sole |
| 59 | compensation for all present and future claims arising out of |
| 60 | the factual situation described in this act which resulted in |
| 61 | injuries to Altavious Carter. The total amount paid for |
| 62 | attorney's fees, lobbying fees, costs, and other similar |
| 63 | expenses relating to this claim may not exceed 25 percent of the |
| 64 | total amount awarded under this act. |
| 65 | Section 4. This act shall take effect upon becoming a law. |