Florida Senate - 2014 (NP) SB 38 By Senator Flores 37-00125-14 201438__ 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, and 14 WHEREAS, while Mr. Merriweather was stopped at a red light 15 at the intersection of Forest Hill Boulevard and Olympia 16 Boulevard in Palm Beach County, his vehicle was struck by a 17 school bus driven by an employee of the Palm Beach County School 18 District, and 19 WHEREAS, the bus driver, Dennis Gratham, was cited for 20 careless driving and the speed of the bus at the time of impact 21 was 48.5 miles per hour, and 22 WHEREAS, the seat in which Altavious Carter was sitting was 23 broken as a result of the crash, and Mr. Carter, who was wearing 24 a seatbelt, was thrown into the back of the van, his neck was 25 broken at the C6 level, and he suffered a C6-7 interior 26 subluxation and reversal of normal cervical lordosis, with 27 spinal cord flattening, and 28 WHEREAS, Altavious Carter was taken by ambulance to 29 Wellington Regional Medical Center and subsequently to St. 30 Mary’s Medical Center, where he was diagnosed and treated for 31 these injuries, and 32 WHEREAS, Altavious Carter received a discectomy and fusion 33 at C6-7, along with placement of a bone graft and cage, plates, 34 and screws to fuse the spine at C6-7, and 35 WHEREAS, following rehabilitation, an MRI taken in June 36 2009 indicated a small herniation at the C7-T1 level, 37 representing the start of degenerative disc disease, and 38 WHEREAS, on February 25, 2010, Altavious Carter received a 39 jury verdict against the Palm Beach County School Board, and the 40 court entered a judgment in the amount of $1,094,034.30, and 41 WHEREAS, the Palm Beach County School Board is obligated to 42 pay the statutory limit of $100,000 under s. 768.28, Florida 43 Statutes, and 44 WHEREAS, the Palm Beach County School Board is responsible 45 for paying the remainder of the judgment, which is $994,034.30, 46 NOW, THEREFORE, 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. The facts stated in the preamble to this act are 51 found and declared to be true. 52 Section 2. The Palm Beach County School Board is authorized 53 and directed to appropriate from funds of the school board not 54 otherwise appropriated and to draw a warrant in the sum of 55 $944,034.30, payable to Altavious Carter as compensation for 56 injuries and damages sustained. 57 Section 3. The amount paid by the Palm Beach County School 58 Board pursuant to s. 768.28, Florida Statutes, and the amount 59 awarded under this act are intended to provide the sole 60 compensation for all present and future claims arising out of 61 the factual situation described in this act which resulted in 62 injuries to Altavious Carter. The total amount paid for attorney 63 fees, lobbying fees, costs, and other similar expenses relating 64 to this claim may not exceed 25 percent of the total amount 65 awarded under this act. 66 Section 4. This act shall take effect upon becoming a law.