Senate Bill 0026

    Florida Senate - 1999        (NP)                        SB 26

    By Senator Rossin





    35-39A-99

  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Robert Rosado for injuries

  4         sustained due to the negligence of the county;

  5         providing an effective date.

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  7         WHEREAS, on May 8, 1995, a Palm Beach County Fire

  8  Rescue truck ran a stop sign and struck the side of a

  9  tractor-trailer rig owned and operated by Robert Rosado, a

10  native of Palm Beach County, and

11         WHEREAS, approximately $13,000 of property damage was

12  done to Mr. Rosado's tractor in this incident, and

13         WHEREAS, Palm Beach County paid for the property damage

14  and the down time for the vehicle and eventually admitted

15  liability for the accident and the lack of any comparative

16  negligence on Mr. Rosado's part, and

17         WHEREAS, as a result of the accident, Mr. Rosado

18  sustained neck and back pain, which resolved itself shortly

19  thereafter, but also suffered a fracture in a lateral aspect

20  of the right thigh bone, and, after a right iliac and bone

21  fracture repair was performed on June 27, 1995, Mr. Rosado's

22  treating physicians testified that he has a permanent injury

23  to his right leg as a result of the accident and surgery, and

24         WHEREAS, Mr. Rosado testified at trial that he was

25  again working full time, but that he has a fairly constant

26  pain in the right leg which makes it difficult for him to

27  perform specified routines of his job, and

28         WHEREAS, he also testified that, in addition to the

29  relatively constant pain, he also experiences increased pain

30  during any change in the weather, and

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






    Florida Senate - 1999        (NP)                        SB 26
    35-39A-99




  1         WHEREAS, the county refused to settle for the amount

  2  requested by Mr. Rosado, and

  3         WHEREAS, at the conclusion of a jury trial, the jury

  4  entered a verdict, awarding $225,279 to Mr. Rosado, and

  5         WHEREAS, the trial judge also awarded a further amount

  6  of $4,502.78 for costs incurred, and

  7         WHEREAS, Palm Beach County has paid $84,375.27 toward

  8  the amount of the judgment and costs owed, NOW, THEREFORE

  9

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

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

13  act are found and declared to be true.

14         Section 2.  Palm Beach County is authorized and

15  directed to compensate Robert Rosado in the amount of $145,407

16  for injuries and damages sustained, out of the funds of the

17  county not otherwise appropriated.

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

19  law.

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