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

Senate Bill 0052

Florida Senate - 1998 (NP) SB 52 By Senator Grant 13-188-98 1 A bill to be entitled 2 An act relating to the City of Tampa; providing 3 for the relief of Jemal Kurein, by and through 4 his wife and natural guardian, Semira Kurein, 5 and for Semira Kurein, individually, and for 6 Remzu Kurein and Nima Kurein, minor children of 7 Jemal Kurein and Semira Kurein, by and through 8 their mother, Semira Kurein; providing for an 9 appropriation to compensate them for injuries 10 and damages sustained by Jemal Kurein as a 11 result of the negligence of the City of Tampa; 12 providing an effective date. 13 14 WHEREAS, on March 17, 1993, Jemal Kurein, working as a 15 taxicab driver, was driving his cab northbound on Howard 16 Avenue in Tampa, and 17 WHEREAS, Jemal Kurein was traveling at approximately 15 18 miles per hour through a green light at the intersection of 19 Howard Avenue and Main Street when a City of Tampa fire truck, 20 driven by Brant Cochran, was traveling eastbound on Main 21 Street on its way to a call at approximately 35 miles per 22 hour, and 23 WHEREAS, the intersection through which Jemal Kurein 24 was traveling at the time the accident occurred is a blind 25 intersection due to the close proximity of buildings to the 26 intersection, and 27 WHEREAS, Jemal Kurein, while traveling with the 28 right-of-way through the green light at the intersection, was 29 unable to see the City of Tampa fire truck, which was 30 traveling at too high a rate of speed and was approaching a 31 red light at the intersection, and 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 52 13-188-98 1 WHEREAS, the City of Tampa fire truck raced through the 2 red light and slammed Jemal Kurein's cab from the right side, 3 pushing him into the storefront wall at the northeast corner 4 of the intersection, and 5 WHEREAS, the impact from the crash was so severe that 6 the right side of Jemal Kurein's head was struck by the fire 7 truck, and 8 WHEREAS, Jemal Kurein's head then rebounded, causing 9 the left side of his head to strike the window or pillar of 10 the left side of his cab, and 11 WHEREAS, the City of Tampa Police Department conducted 12 an investigation of the accident and determined that the 13 operator of the City of Tampa fire truck ran a red light, and 14 WHEREAS, the City of Tampa also conducted an 15 administrative investigation independent of the police 16 accident reconstruction and concluded that Mr. Cochran was 17 negligent, failed to use due care, and violated the city's 18 safety policies and procedures, and determined that a 19 "level-three violation" had been committed according to the 20 city administrative code, and 21 WHEREAS, Mark Barroso, an eyewitness, testified that he 22 saw that the traffic light at the intersection was red for the 23 fire truck for approximately five seconds before the accident 24 and that the traffic light was red both before and after the 25 accident, and 26 WHEREAS, Geoffrey Shelley, another witness, saw that 27 the traffic light was red for the fire truck for two to three 28 seconds before impact and that the fire truck never slowed, 29 and 30 WHEREAS, although Mr. Cochran claimed to have proceeded 31 through the intersection under the indication of a green or 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 52 13-188-98 1 yellow light, he testified that he could not recall when he 2 last looked at the light, and 3 WHEREAS, Mr. Cochran also testified that when he was at 4 the previous intersection heading east on Main Street, the 5 light ahead at the intersection of Howard and Main was green 6 for him, and 7 WHEREAS, police determined that it would have taken Mr. 8 Cochran nearly 18 seconds to reach the intersection at Howard 9 and Main, and that the light remains green for only 14 10 seconds, which leads to the conclusion that Mr. Cochran had a 11 red light for at least 3 to 5 seconds prior to entering the 12 intersection, and 13 WHEREAS, Jemal Kurein sustained a massive head injury 14 in the accident of March 17, 1993, with an internal brain 15 hemorrhage, and 16 WHEREAS, Jemal Kurein was in a coma for several days 17 following the accident and underwent five separate surgical 18 procedures, and 19 WHEREAS, Jemal Kurein suffers from a closed head and 20 brain injury and dementia, and 21 WHEREAS, Jemal Kurein needs 24-hour-a-day care and 22 supervision and is currently in a nursing home, and 23 WHEREAS, Jemal Kurein has an I.Q. of 56 and is like a 24 3-year-old child, and 25 WHEREAS, Jemal Kurein also sustained a fractured 26 dislocation of his left elbow and his left wrist, and also 27 suffered several fractured ribs, and 28 WHEREAS, Jemal Kurein, now age 37, will never recover 29 from his cognitive deficits and is permanently and totally 30 disabled, and 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 52 13-188-98 1 WHEREAS, Jemal Kurein will never work again and will 2 never be able to take care of himself again, and 3 WHEREAS, Jemal Kurein's lost wages, medical bills, and 4 life care needs, past and future, exceed $2,100,000, and 5 WHEREAS, the injuries sustained by Jemal Kurein in the 6 accident of March 17, 1993, formed the basis of legal action 7 brought against the City of Tampa, and 8 WHEREAS, following a jury trial in which Jemal Kurein 9 was awarded $4,698,523, the jury assessed the City of Tampa's 10 liability in the accident to be 10 percent, and 11 WHEREAS, a total final judgment was entered for 12 $490,930.30, and 13 WHEREAS, the City of Tampa has paid $200,000 of the 14 judgment pursuant to the limits of liability set forth in s. 15 768.28, Florida Statutes, and 16 WHEREAS, the amount of the claim for the excess 17 judgment is for $290,930.30, NOW, THEREFORE, 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. The facts stated in the preamble to this 22 act are found and declared to be true. 23 Section 2. The City of Tampa is authorized and 24 directed to appropriate from funds of the city not otherwise 25 appropriated and to draw a warrant in the sum of $290,930.30 26 payable to Semira Kurein, as wife and natural guardian of 27 Jemal Kurein, for the benefit of Jemal Kurein, and to Semira 28 Kurein, individually and as mother and natural guardian of 29 Remzu Kurein and Nima Kurein, minor children of Jemal Kurein 30 and Semira Kurein, as compensation for injuries and damages 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 52 13-188-98 1 sustained by Jemal Kurein due to the negligence of the City of 2 Tampa. 3 Section 3. This act shall take effect upon becoming a 4 law. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5