Senate Bill 0056er

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    ENROLLED

    1998 Legislature                                         SB 56



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  2         An act relating to Palm Beach County; providing

  3         for the relief of Julie McGinnes; providing for

  4         an appropriation to compensate her for injuries

  5         and damages sustained as a result of the

  6         negligence of Palm Beach County; providing an

  7         effective date.

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  9         WHEREAS, on July 22, 1993, Julie McGinnes, then 18

10  years of age, was seriously injured in a motor vehicle

11  accident which occurred at an intersection in Palm Beach

12  County, and

13         WHEREAS, the motor vehicle accident of July 22, 1993,

14  in which Julie McGinnes was seriously injured was caused by a

15  line-of-sight obstruction, and

16         WHEREAS, the line-of-sight obstruction in the

17  intersection consisted of a Florida Power & Light box, hedges

18  placed around the box by the Loggers Run Homeowners

19  Association, a traffic control cabinet, and a traffic light

20  pole, and

21         WHEREAS, the accident formed the basis of legal action

22  against Palm Beach County, the adverse driver in the accident,

23  Florida Power & Light, and the Loggers Run Homeowners

24  Association, and

25         WHEREAS, the party primarily responsible for the

26  accident was Palm Beach County, and

27         WHEREAS, in January 1990, after receiving numerous

28  complaints from Loggers Run Homeowners Association, Palm Beach

29  County dispatched a traffic technician to investigate the

30  intersection at which Julie McGinnes was seriously injured,

31  and


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    ENROLLED

    1998 Legislature                                         SB 56



  1         WHEREAS, upon investigation, the traffic technician for

  2  Palm Beach County, Charles Hood, concluded that there was a

  3  line-of-sight obstruction at the intersection and documented

  4  the obstruction with a diagram and photographs, and

  5         WHEREAS, in a follow-up to Mr. Hood's investigation,

  6  Palm Beach County traffic engineer Charles Cantrell ordered

  7  that a site study be performed in April 1990, more than three

  8  years prior to the accident in which Julie McGinnes was

  9  seriously injured, and

10         WHEREAS, Mr. Cantrell's work order for a site study was

11  lost within the Palm Beach County Traffic Engineering

12  Department and the study was never performed, and

13         WHEREAS, between the time at which the site study was

14  recommended and the time of the accident in which Julie

15  McGinnes was seriously injured, the Loggers Run Homeowners

16  Association continued to complain about the intersection, and

17         WHEREAS, the obstructions were never corrected until

18  after the accident in which Julie McGinnes was seriously

19  injured, and

20         WHEREAS, as a result of the accident of July 22, 1993,

21  Julie McGinnes suffered extensive brain damage, and

22         WHEREAS, Julie McGinnes has been left with partial

23  paralysis of the left side, impaired judgment and reasoning,

24  and slurred speech, and

25         WHEREAS, Julie McGinnes will never attain a level of

26  mentality beyond 12 to 17 years, and

27         WHEREAS, prior to the accident, Julie McGinnes had

28  completed her first year of college and had hoped to become a

29  speech therapist, and

30         WHEREAS, now 22 years of age, Julie McGinnes lives with

31  her parents because she cannot function independently, and


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    ENROLLED

    1998 Legislature                                         SB 56



  1         WHEREAS, vocational counselors, psychologists,

  2  neuropsychologists, and neurologists involved in the care and

  3  rehabilitation of Julie McGinnes estimate her impairment and

  4  disability at up to 80 percent, and

  5         WHEREAS, Julie McGinnes will require long-term

  6  psychological counseling and follow-up medical care and will

  7  never obtain meaningful employment, and

  8         WHEREAS, Julie McGinnes has incurred past medical bills

  9  in excess of $250,000, and projections for her future care and

10  loss of earnings are in the range of $6,000,000, and

11         WHEREAS, an overall settlement of $2,325,000 in the

12  case was reached, and

13         WHEREAS, contributing to the overall settlement were

14  the adverse driver, contributing $100,000, the tendered

15  insurance policy limits, Florida Power & Light, contributing

16  $500,000, and the Loggers Run Homeowners Association, owners

17  of the land on which the Florida Power & Light box was placed,

18  contributing $600,000, and

19         WHEREAS, Palm Beach County has paid $100,000 of its

20  portion of the consent settlement pursuant to the limits of

21  liability under s. 768.28, Florida Statutes, and

22         WHEREAS, the remaining amount of the consent settlement

23  owed by Palm Beach County is $1,025,000, NOW, THEREFORE,

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

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

28  act are found and declared to be true.

29         Section 2.  The Board of County Commissioners of Palm

30  Beach County is authorized and directed to appropriate from

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


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




    ENROLLED

    1998 Legislature                                         SB 56



  1  warrant in the sum of $1,025,000 payable to Julie McGinnes to

  2  compensate her for injuries and damages sustained.

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

  4  law.

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