Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 30
Ì115586GÎ115586
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2017 .
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 61 - 69
4 and insert:
5 warrant in the sum of $1,895,000, payable to Erin Joynt as
6 compensation for injuries and damages sustained.
7 Section 3. The amount paid by Volusia County pursuant to s.
8 768.28, Florida Statutes, and the amount awarded under this act
9 are intended to provide the sole compensation for all present
10 and future claims arising out of the factual situation described
11 in this act which resulted in injuries and damages to Erin
12 Joynt. The total amount paid for attorney fees relating to this
13 claim may not
14
15 ================= T I T L E A M E N D M E N T ================
16 And the title is amended as follows:
17 Delete lines 9 - 52
18 and insert:
19 attorney fees; providing an effective date.
20
21 WHEREAS, on July 31, 2011, Erin Joynt, her husband, and two
22 children were vacationing beachgoers on Daytona Beach as they
23 journeyed from their native Wichita, Kansas, to their planned
24 destination of Walt Disney World, and
25 WHEREAS, at the same time, in the regular course of his
26 employment duties, Thomas Moderie, an employee of the Volusia
27 County Beach Patrol, was driving a Ford F-150 pickup truck owned
28 by the county along the beach, and
29 WHEREAS, Mr. Moderie negligently operated the truck,
30 running over Mrs. Joynt while she was sunbathing on the beach,
31 and
32 WHEREAS, as a result of the impact with the truck, Mrs.
33 Joynt sustained severe injuries, including, but not limited to,
34 multiple cranial and facial fractures, rib fractures, permanent
35 facial injuries, and chronic back pain, and
36 WHEREAS, Mrs. Joynt continues to suffer as a result of the
37 impact and is unable to blink her right eye without the
38 assistance of a gold weight sewn into her eyelid and has a
39 perforated eardrum and additional hearing loss, permanent facial
40 paralysis, speech and neurological deficits, and chronic pain,
41 and
42 WHEREAS, after a 4-day trial in June 2014, at which Volusia
43 County acknowledged the negligence of Mr. Moderie, a jury found
44 the county liable for Mrs. Joynt’s injuries and awarded her
45 compensatory damages in the amount of $2.6 million, and
46 WHEREAS, on January 12, 2016, following resolution of an
47 appeal initiated by the county, a final judgment in the amount
48 of $2 million was entered against Volusia County by the trial
49 court, and
50 WHEREAS, Volusia County is insured for Mrs. Joynt’s claim
51 for damages through an excess liability insurance policy
52 underwritten by Star Insurance Company, and
53 WHEREAS, Volusia County has already paid $85,000 of the
54 judgment to Mrs. Joynt pursuant to the statutory limits of
55 liability set forth in s. 768.28, Florida Statutes, which were
56 in effect at the time that Mrs. Joynt’s claim arose, NOW,
57 THEREFORE,