Senate Bill 0026e1

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    SB 26                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act providing for the relief of Adela Azcuy,

  3         for injuries suffered as a result of the

  4         negligence of Dade County; providing for an

  5         appropriation; providing an effective date.

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  7         WHEREAS, on or about January 22, 1993, Adela Azcuy was

  8  working in an office located at 567 Australian Way, Miami,

  9  Dade County, Florida, and

10         WHEREAS, Metropolitan Dade County was responsible for

11  the maintenance and safety of the office and premises located

12  at 567 Australian Way, Miami, Dade County, Florida, and

13         WHEREAS, there was a defect in the floor of said

14  premises in that there was a steep slope to the floor which

15  caused Adela Azcuy's chair to slide out from underneath her,

16  causing her to fall to the ground and sustain personal

17  injuries, and

18         WHEREAS, Metropolitan Dade County had negligently

19  failed to maintain said premises in a reasonably safe

20  condition, had negligently failed to warn Ms. Azcuy of the

21  defect in the floor of the premises, and had negligently

22  failed to inspect the premises in a timely fashion, and

23         WHEREAS, as a direct and proximate result of the

24  negligence of the county, Adela Azcuy was injured in and about

25  her body and extremities, suffered neck and back injuries, and

26  suffered physical handicaps and impaired working ability, and

27         WHEREAS, as a further direct and proximate result of

28  the negligence of the county, Ms. Azcuy incurred medical bills

29  for the care and treatment of her injuries, suffered lost

30  earnings and reduced earning capacity, and aggravated a

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CODING: Words stricken are deletions; words underlined are additions.






    SB 26                                    First Engrossed (ntc)



  1  preexisting disease or physical defect, and will suffer such

  2  losses and impairment in the future, and

  3         WHEREAS, a cause of action was brought in the circuit

  4  court of the 11th Judicial Circuit in and for Dade County,

  5  Florida (Case No. 94-08893 CA 13) and four separate final

  6  judgments have been entered in favor of Adela Azcuy, as

  7  plaintiff, and against Metropolitan Dade County, as defendant,

  8  in the aggregate sum of $332,519.51 plus interest, as follows:

  9  on April 17, 1995, a final judgment in the amount of

10  $256,415.61 plus interest at the rate of 8 percent per annum,

11  to be paid from the date of the verdict, which was April 12,

12  1995; on June 1, 1995, an agreed final judgment taxing costs

13  in the amount of $4,000 plus interest at the rate of 8 percent

14  per annum; on July 6, 1995, a final judgment awarding

15  attorney's fees in the amount of $64,103.90 plus interest at

16  the rate of 8 percent per annum; and, on January 22, 1996, an

17  agreed final judgment taxing appellate attorney's fees in the

18  amount of $8,000 plus interest at the rate of 10 percent per

19  annum, and

20         WHEREAS, in accordance with the provisions of section

21  768.28, Florida Statutes, waiving sovereign immunity,

22  Metropolitan Dade County has paid Adela Azcuy the sum of

23  $100,000, and

24         WHEREAS, the remaining amount owed to Ms. Azcuy on her

25  own behalf and for attorney's fees and court costs is

26  $232,519.51 plus interest, NOW, THEREFORE,

27

28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  The facts stated in the preamble to this

31  act are found and declared to be true.


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CODING: Words stricken are deletions; words underlined are additions.






    SB 26                                    First Engrossed (ntc)



  1         Section 2.  The appropriate financial authority for

  2  Metropolitan Dade County is directed to draw a warrant in

  3  favor of Adela Azcuy and Maguire and Friend, P.A., in the sum

  4  of $144,000 in case number 94-08893 CA 13, in favor of Ms.

  5  Azcuy as plaintiff and against Metropolitan Dade County as

  6  defendant.

  7         Section 3.  This act shall take effect July 1, 1998.

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