Florida Senate - 2009                     (Reformatted)    SB 40
       
       
       
       By Senator Pruitt
       
       
       
       
       28-00113A-09                                            200940__
    1                        A bill to be entitled                      
    2         An act for the relief of Angela Isham by the City of
    3         Ft. Lauderdale; providing for an appropriation to
    4         compensate Angela Isham, individually, and as co
    5         personal representative of the Estate of David Isham,
    6         deceased, for the death of Mr. Isham which was due to
    7         the negligence of employees of the City of Ft.
    8         Lauderdale; providing for attorney's fees and costs;
    9         providing a limitation on the payment of fees and
   10         costs; providing an effective date.
   11  
   12         WHEREAS, on November 15, 2001, David Isham, the owner of a
   13  landscaping business and a pest control business, was driving
   14  along N.W. 13th Street in Ft. Lauderdale, and
   15         WHEREAS, in an unmarked police vehicle, police officers
   16  from the Ft. Lauderdale Police Department were engaged in an
   17  undercover narcotics surveillance and were in pursuit of a
   18  suspect who was driving a 1994 BMW, and
   19         WHEREAS, while being chased by the police officers, the
   20  suspect collided with Mr. Isham's vehicle and caused Mr. Isham's
   21  vehicle to flip upside down, catch on fire, and trap Mr. Isham
   22  inside, and
   23         WHEREAS, as a result of the collision, Mr. Isham died and
   24  left behind his grieving widow, Angela Isham, and
   25         WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft.
   26  Lauderdale, and a week-long jury trial ensued in which the jury
   27  found that the police officers, acting in an official capacity
   28  as employees of the City of Ft. Lauderdale, were negligent with
   29  regard to the vehicle chase that ultimately resulted in the
   30  death of Mr. Isham and that their actions were the legal cause
   31  of injury and death to Mr. Isham, and
   32         WHEREAS, the jury returned a verdict on February 1, 2008,
   33  in favor of Mrs. Isham in the amount of $1,870,438.50, comprised
   34  of $1,270,438.50 in economic damages, as agreed and stipulated
   35  to by the City of Ft. Lauderdale, and $600,000 in noneconomic
   36  damages for loss of companionship and protection and for pain
   37  and suffering as a result of the death of David Isham, and
   38         WHEREAS, an agreed and stipulated judgment was entered
   39  against the City of Ft. Lauderdale in the amount of
   40  $1,435,219.25, plus statutory postjudgment interest, which
   41  represented a reduction in noneconomic damages and the payment
   42  of $200,000 by the City of Ft. Lauderdale according to the Order
   43  on Plaintiff's Motion for Entry of Final Judgment which was
   44  entered on June 4, 2008, and
   45         WHEREAS, since February 1, 2008, documentable, postverdict
   46  attorney's costs in the amount of $809.64 and attorney's fees in
   47  the amount of $18,900 have accrued in an attempt to reach a
   48  settlement with the City of Ft. Lauderdale, and
   49         WHEREAS, the City of Ft. Lauderdale has paid only $200,000
   50  of the judgment and has not negotiated any settlement of the
   51  remaining judgment, and
   52         WHEREAS, the City of Ft. Lauderdale has approximately
   53  $2,023,594.52 in its Risk Management Fund which is available to
   54  pay claims or judgments such as the one presented by Mrs. Isham,
   55  but it has not done so to date, and
   56         WHEREAS, the balance of the net jury verdict in the amount
   57  of $1,435,219.25 is sought through the submission of a claim
   58  bill to the Legislature, NOW, THEREFORE,
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61         
   62         Section 1. The facts stated in the preamble to this act are
   63  found and declared to be true.
   64         Section 2. The City of Ft. Lauderdale is authorized and
   65  directed to appropriate from funds of the city not otherwise
   66  appropriated and to draw a warrant in the amount of
   67  $1,435,219.25, plus postjudgment interest at the statutory rate
   68  of 11 percent per annum, payable to Angela Isham, individually,
   69  and as co-personal representative of the Estate of David Isham,
   70  deceased, which is inclusive of the prejudgment attorney's fees
   71  and costs, as limited in accordance with state law, as
   72  compensation for the death of her husband, David Isham.
   73         Section 3. The City of Ft. Lauderdale is authorized and
   74  directed to appropriate from funds of the city not otherwise
   75  appropriated and to draw a warrant in the amount of $19,709.64
   76  as compensation for postverdict attorney's fees and costs.
   77         Section 4. This award is intended to provide the sole
   78  compensation for all present and future claims arising out of
   79  the factual situation described in this act which resulted in
   80  the death of David Isham. The total amount paid for attorney's
   81  fees and lobbying fees relating to this claim may not exceed 25
   82  percent of the amount awarded under this act.
   83         Section 5. This act shall take effect upon becoming a law.