Senate Bill 0032er

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





    ENROLLED

    1998 Legislature                                         SB 32



  1

  2         An act providing for the relief of Kathryn

  3         Malloy, formerly known as Kathryn Sperdute;

  4         providing for an appropriation to reimburse her

  5         for injuries suffered in an accident that was

  6         caused by the negligence of an employee of the

  7         Palm Beach County School Board; providing an

  8         effective date.

  9

10         WHEREAS, in June 1992, 47-year-old Kathryn Sperdute

11  (now known as Kathryn Malloy) left the nursing home where she

12  worked as a registered nurse, and

13         WHEREAS, she was driving her car and was in moving

14  traffic when, for reasons unknown, a car that was two cars in

15  front of her stopped suddenly, and

16         WHEREAS, Kathryn Sperdute was able to successfully stop

17  her vehicle but was hit from behind by a large maintenance

18  truck owned by the Palm Beach County School Board and driven

19  by one of its employees, and

20         WHEREAS, the impact propelled Kathryn Sperdute's car

21  into oncoming traffic, and, although her car was not hit

22  again, the impact was so severe that the seat she was sitting

23  in collapsed, the rear window of the car shattered, the car

24  needed extensive repairs, and she was injured, and

25         WHEREAS, despite the fact that Ms. Sperdute was wearing

26  a seat belt and, consequently, did not suffer any broken

27  bones, she did sustain significant injuries to her back, for

28  which she had already had three surgeries before the accident,

29  and

30

31


                                  1

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




    ENROLLED

    1998 Legislature                                         SB 32



  1         WHEREAS, because of the injuries sustained during the

  2  accident, Ms. Malloy had to have a morphine pump installed and

  3  now suffers severe pain, including spinal headaches, and

  4         WHEREAS, her injuries have necessitated her

  5  hospitalization three times since the accident, and she will

  6  be under a doctor's care for the remainder of her life, and

  7         WHEREAS, once an active, energetic, and loving mother

  8  and wife, she is now a divorced recluse whose relationship

  9  with her only son has been strained and who is in pain every

10  day of her life, and

11         WHEREAS, in addition to the physical and emotional

12  damage Ms. Malloy has suffered due to the accident, she has

13  tried go back to work as a registered nurse, but has been

14  unsuccessful in doing so because of her constant pain, and

15         WHEREAS, a lawsuit was filed in this matter against the

16  Palm Beach County School Board, which admitted liability in

17  the case, and

18         WHEREAS, after intensive pretrial discovery and

19  litigation, the case went to trial on the issue of damages,

20  and the jury rendered a verdict in favor of Kathryn Malloy in

21  the amount of $176,269, and

22         WHEREAS, a judgment was later entered for that amount

23  plus costs in the amount of $9,781, for a total award of

24  $186,050, and

25         WHEREAS, in accordance with the limits of liability set

26  forth in section 768.28, Florida Statutes, the school board

27  has paid $100,000 to Ms. Malloy, leaving a balance owed of

28  $86,050, NOW, THEREFORE,

29

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

31


                                  2

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




    ENROLLED

    1998 Legislature                                         SB 32



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

  2  act are found and declared to be true.

  3         Section 2.  The Palm Beach County School Board is

  4  authorized and directed to appropriate out of funds of the

  5  school board not otherwise appropriated and to draw a warrant

  6  in favor of Kathryn Malloy in the amount of $86,050, to cover

  7  the unpaid amount of a judgment in favor of Ms. Malloy for

  8  injuries she sustained as a result of the negligence of the

  9  school board.

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

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3