Senate Bill 0030er

    ENROLLED

    1998 Legislature                          SB 30, 1st Engrossed



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  2         An act relating to Collier County; providing

  3         for the relief of Franklin David Messick as

  4         Personal Representative of the Estate of Arthur

  5         D. Messick; providing for an appropriation to

  6         compensate him for the wrongful death of his

  7         son, Arthur D. Messick, which occurred as a

  8         result of the negligence of Collier County;

  9         providing an effective date.

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11         WHEREAS, on October 6, 1990, Arthur D. Messick was a

12  passenger in a motor vehicle driven by his brother, Joe

13  Randall Messick, and

14         WHEREAS, the vehicle in which Arthur D. Messick was a

15  passenger was traveling toward an unmarked intersection of

16  DeSoto Boulevard and a canal in Collier County, and

17         WHEREAS, a hazardous condition existed at this

18  intersection, caused by the absence of warnings, lighting, or

19  a sign indicating the end of the road at the intersection with

20  the canal, and

21         WHEREAS, Collier County was aware that a dangerous

22  condition existed at the intersection, but did not inspect,

23  supervise, or maintain the warning signs in the area, and

24         WHEREAS, because the intersection was not properly

25  marked, the motor vehicle in which Arthur D. Messick was a

26  passenger left the road and entered the canal, and

27         WHEREAS, as a result of the accident, Arthur D. Messick

28  was killed, and

29         WHEREAS, following a jury trial, Collier County was

30  found to be 85-percent negligent in the death of Arthur D.

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




    ENROLLED

    1998 Legislature                          SB 30, 1st Engrossed



  1  Messick and Joe Randall Messick was found to be 15-percent

  2  negligent, and

  3         WHEREAS, a final judgment was entered on October 21,

  4  1993, in the amount of $237,223 in favor of the Estate of

  5  Arthur D. Messick, and

  6         WHEREAS, the unpaid balance of the claim against

  7  Collier County is $101,639.55, NOW, THEREFORE,

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

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

12  act are found and declared to be true.

13         Section 2.  The Board of County Commissioners of

14  Collier County is authorized and directed to appropriate from

15  funds of the county not otherwise appropriated and to draw a

16  warrant in the sum of $101,639.55 payable to Franklin David

17  Messick as Personal Representative of the Estate of Arthur D.

18  Messick to compensate him for the death of his son, Arthur D.

19  Messick.

20         Section 3.  This act shall take effect upon becoming a

21  law.

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