House Bill hb0039

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




    Florida House of Representatives - 2002                  HB 39

        By Representative Bucher






  1                      A bill to be entitled

  2         An act relating to the City of West Palm Beach;

  3         providing for the relief of Rosemary

  4         Falkinburg; authorizing and directing the City

  5         of West Palm Beach to compensate Rosemary

  6         Falkinburg for personal injuries she suffered

  7         due to the negligence of a city employee;

  8         providing an effective date.

  9

10         WHEREAS, on August 11, 1994, Rosemary Falkinburg, who

11  was then 34 years old, was driving on Belvedere Road in West

12  Palm Peach on her way to work, and

13         WHEREAS, an accident occurred when a West Palm Beach

14  police officer, who was driving a police vehicle, struck

15  Rosemary Falkinburg's vehicle, and

16         WHEREAS, within a few days after the accident, Rosemary

17  Falkinburg began experiencing pain in her neck, back, and

18  buttocks and, in May 1995, saw a back surgeon who treated her

19  with various modalities in an effort to postpone or avoid

20  surgery, and

21         WHEREAS, Rosemary Falkinburg continued to work at her

22  job in an animal hospital until February 1999, at which time

23  her pain became so severe that she needed surgery, which was

24  performed on February 11, 1999, and

25         WHEREAS, she returned to work in mid-May 1999, but was

26  unable to perform her job and was terminated, and

27         WHEREAS, Rosemary Falkinburg subsequently found

28  another, lower-paying, job, but her surgeon has testified that

29  she will probably need a second surgery, and

30         WHEREAS, on February 14, 2000, a jury in Palm Beach

31  County found that the police officer who collided with

                                  1

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






    Florida House of Representatives - 2002                  HB 39

    738-109A-02






  1  Rosemary Falkinburg's car was 98 percent at fault for the

  2  accident and rendered a verdict in favor of Rosemary

  3  Falkinburg for damages in the amount of $1,601,600, and

  4         WHEREAS, because of a finding of comparative

  5  negligence, a final judgment in the amount of $1,559,768 was

  6  entered against the City of West Palm Beach, and

  7         WHEREAS, after several post-trial motions and

  8  negotiations, the City of West Palm Beach and the plaintiff

  9  entered into a stipulated settlement for a total sum of

10  $600,000, to be paid in installments as follows: $100,000 upon

11  approval of the settlement by the West Palm Beach City

12  Commission; $250,000 within 30 days after a claim bill for the

13  amount owed takes effect; and $250,000 on the 1-year

14  anniversary of the initial payment of $250,000, NOW,

15  THEREFORE,

16

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

18

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

20  act are found and declared to be true.

21         Section 2.  The City of West Palm Beach is authorized

22  and directed to compensate Rosemary Falkinburg in two equal

23  installments for the total amount of $500,000, out of funds of

24  the City of West Palm Beach not otherwise appropriated, for

25  injuries and damages she sustained as a result of the

26  negligence of a city employee. The initial installment of

27  $250,000 shall be paid within 30 days after the effective date

28  of this act, and the second installment of $250,000 shall be

29  paid on the 1-year anniversary of the initial payment of

30  $250,000. Such amounts shall be paid in addition to the

31  $100,000 payable pursuant to section 768.28, Florida Statutes.

                                  2

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






    Florida House of Representatives - 2002                  HB 39

    738-109A-02






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

  2  law.

  3

  4

  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

                                  3

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