Senate Bill sb0028

    Florida Senate - 2002        (NP)                        SB 28

    By Senator Lawson





    3-97A-02

  1                      A bill to be entitled

  2         An act relating to Escambia County; providing

  3         for the relief of Clyde Kilpatrick; authorizing

  4         and directing Escambia County to compensate

  5         Clyde Kilpatrick for injuries sustained as a

  6         result of the negligence of Escambia County;

  7         providing an effective date.

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  9         WHEREAS, on September 12, 1991, when attending a

10  concert at the Pensacola Civic Center, Clyde Kilpatrick fell

11  while descending defective stairs that were located in the

12  building, and

13         WHEREAS, as a result of the fall, Mr. Kilpatrick

14  sustained serious leg and ankle fractures and permanent

15  injuries that markedly affect his work as a millwright, and

16         WHEREAS, Escambia County, which owns the Pensacola

17  Civic Center, had been aware that the stairs were defective

18  and had paid several previous claims for injuries occurring on

19  the same stairs, and

20         WHEREAS, Mr. Kilpatrick and his wife sued Escambia

21  County in 1993, and a judge found the county to be 80 percent

22  negligent and awarded damages to the plaintiffs, and

23         WHEREAS, on April 16, 1996, the court entered a final

24  judgment against Escambia County for Mr. Kilpatrick in the sum

25  of $291,244.59, and

26         WHEREAS, on March 11, 1997, the judgment was affirmed

27  by the First District Court of Appeal, and

28         WHEREAS, after the appellate court ruling, Escambia

29  County paid Mr. Kilpatrick $100,000 pursuant to the provisions

30  of section 768.28, Florida Statutes, leaving an unpaid balance

31  of $191,244.59, and

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    Florida Senate - 2002        (NP)                        SB 28
    3-97A-02




  1         WHEREAS, Mr. Kilpatrick attempted to recover the

  2  balance owed on the judgment by suing the concert promoter

  3  under an indemnity provision in the county's contract with the

  4  concert promoter, and

  5         WHEREAS, the court dismissed Mr. Kilpatrick's lawsuit

  6  against the concert promoter, and the dismissal was affirmed

  7  by the appellate court on November 22, 1999, and

  8         WHEREAS, Mr. Kilpatrick has exhausted all avenues of

  9  recovery in judicial forums, NOW, THEREFORE,

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

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

14  act are found and declared to be true.

15         Section 2.  Escambia County is authorized and directed

16  to appropriate from funds of the county not otherwise

17  appropriated and to draw a warrant payable to Clyde Kilpatrick

18  in the amount of $191,244.59, which amount includes statutory

19  attorney's fees and costs, for injuries and damages sustained

20  due to the negligence of Escambia County.

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

22  law.

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