CODING: Words stricken are deletions; words underlined are additions.
Senate Bill 0006
    Florida Senate - 1998        (NP)                         SB 6

    By Senator Meadows





    30-55A-98

  1                      A bill to be entitled

  2         An act relating to Metropolitan Dade County;

  3         providing for the relief of Michelle Ponce, a

  4         minor; providing for an appropriation to

  5         compensate her for injuries and damages

  6         sustained as a result of the negligence of

  7         Metropolitan Dade County; providing an

  8         effective date.

  9

10         WHEREAS, on December 26, 1992, Michelle Ponce, then

11  nine years of age, was standing on a sidewalk when the

12  operator of a bus owned by Metropolitan Dade County lost

13  control of the bus, striking two pedestrians and then striking

14  Michelle Ponce, and

15         WHEREAS, as a result of the accident, Michelle Ponce

16  sustained serious injuries and was immediately transported to

17  Jackson Memorial Hospital, and

18         WHEREAS, Michelle Ponce was admitted with a diagnosis

19  of an oblique fracture of the mid-femoral diaphysis, with full

20  shaft lateral displacement, as well as a disfiguring open

21  wound of the right lower extremity, and

22         WHEREAS, Michelle Ponce underwent surgery to attach a

23  femoral external fixator, as well as aggressive debridement of

24  her wound, and remained hospitalized until January 14, 1993,

25  and

26         WHEREAS, Michelle Ponce was readmitted to the hospital

27  on February 21, 1993, to undergo a second procedure to remove

28  the right femoral external fixator as well as to undergo a

29  split/thickness skin graft from the left thigh to the right

30  lower extremity, and remained hospitalized until March 2,

31  1993, and

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






    Florida Senate - 1998        (NP)                         SB 6
    30-55A-98




  1         WHEREAS, Michelle Ponce's doctors have indicated that

  2  once Michelle Ponce reaches maturity, she will need to undergo

  3  plastic surgery in an attempt to ameliorate the permanent and

  4  disfiguring scar which she has been left with on her upper

  5  right leg, and

  6         WHEREAS, the medical bills incurred by Michelle Ponce

  7  amounted to $111,554.65, and

  8         WHEREAS, the accident in which Michelle Ponce sustained

  9  serious injuries formed the basis of legal action against

10  Metropolitan Dade County, and

11         WHEREAS, the matter was settled at mediation for the

12  sum of $469,362.64, and

13         WHEREAS, the consent final judgment has been partially

14  satisfied in the amount of $59,362.64, and

15         WHEREAS, Metropolitan Dade County supports the passage

16  of a claim bill for this claim in the amount of $410,000, NOW,

17  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.  Metropolitan Dade County is authorized and

24  directed to appropriate from funds of the county not otherwise

25  appropriated and to draw a warrant in the sum of $410,000

26  payable to Eumelia Olivera as guardian of Michelle Ponce, a

27  minor, for the benefit of Michelle Ponce for injuries and

28  damages sustained as a result of the negligence of

29  Metropolitan Dade County.

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

31  law.

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