Senate Bill sb0040

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 40

    By Senator Pruitt





    26-26-03

  1                      A bill to be entitled

  2         An act relating to St. Lucie County; providing

  3         for the relief of Richard and Denise Ebner for

  4         injuries sustained due to the negligence of St.

  5         Lucie County; providing for the use of such

  6         funds; providing an effective date.

  7  

  8         WHEREAS, On February 6, 1996, Richard and Denise Ebner

  9  were standing in front of their vehicle off the northbound

10  shoulder of Glades Cut-Off Road in Fort Pierce, Florida, and

11         WHEREAS, a car was traveling in the northbound land of

12  Glades Cut-Off Road and approaching the area where the Ebners

13  were parked, and

14         WHEREAS, a dump truck owned by St. Lucie County, while

15  traveling in the southbound lane, collided with the other car,

16  causing it to strike the Ebner's vehicle and Richard and

17  Denise Ebner, and

18         WHEREAS, the collision was caused by the negligence of

19  the driver of the St. Lucie County dump truck, and

20         WHEREAS, as a result of the collision, Richard Ebner

21  sustained a right zygomaticomaxillary complex fracture, right

22  orbital rim and orbital floor fracture, right medial orbital

23  wall fracture, right maxillary sinus wall fractures, LaForte 1

24  fracture of the right maxilla, right pneumothorax, right

25  basilar skull fracture, concussion, scalp laceration, open

26  bite deformity, trigeminal neuralgia of the first division

27  with overflow, loss of vision in the right eye, and right

28  sepal deformity, and

29         WHEREAS, Richard Ebner, as a result of such injuries,

30  suffers from almost constant severe shooting pains in his face

31  and head, frequent migraine headaches, dizziness, fainting,

                                  1

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 40
    26-26-03




 1  memory loss, and loss of concentration, and his mental

 2  capacity has been greatly reduced, and

 3         WHEREAS, Richard Ebner has incurred medical bills in

 4  excess of $84,000 as a result of his injuries, and

 5         WHEREAS, Denise Ebner, as a result of the collision,

 6  sustained a torn medial meniscus and tear of the medial

 7  collateral ligament in her right knee, which required surgical

 8  arthroscopy, partial medial meniscecomy, and synovectomy of

 9  the medial compartment, and

10         WHEREAS, Denise Ebner continues to suffer from

11  right-knee pain and stiffness, burning sensations in her right

12  leg, numbness in her right foot, and lower back pain, and

13         WHEREAS, Denise Ebner has incurred medical bills in

14  excess of $7,000 as a result of her injuries, and

15         WHEREAS, as a result of his injuries, Richard Ebner is

16  no longer able to operate his business, Rick's Garden World, a

17  nursery and landscaping business, resulting in a loss of

18  revenue which has caused the Ebners to mortgage their family

19  home, placing it in danger of foreclosure, and

20         WHEREAS, the injuries have financially devastated the

21  Ebners and have significantly decreased their quality of life,

22  and

23         WHEREAS, the Ebners have received $15,000 in a

24  settlement with the driver of the vehicle that struck them,

25  have received $300,000 from their underinsured motorist

26  insurance carrier, and have agreed to a settlement with St.

27  Lucie county in the amount of $200,000, plus an agreement for

28  the county to support a claim bill in the amount of $50,000,

29  NOW, THEREFORE,

30  

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

                                  2

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 40
    26-26-03




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

 2  act are found and declared to be true.

 3         Section 2.  St. Lucie County is authorized and directed

 4  to compensate Richard and Denise Ebner in the sum of $50,000,

 5  out of county funds not otherwise appropriated. The funds

 6  designated for their benefit shall be used to pay statutory

 7  fees, costs, outstanding medical liens, and other immediate

 8  needs of the claimants.

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

10  law.

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.