Senate Bill sb0044

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 44

    By Senator Posey





    24-19-03

  1                      A bill to be entitled

  2         An act relating to Indian River County;

  3         providing for the relief of Michelle

  4         O'Halloran; requiring the county to compensate

  5         her for injuries and damages to her children

  6         caused by the negligence of an Indian River

  7         County school bus driver; providing an

  8         effective date.

  9  

10         WHEREAS, on January 25, 1999, Clay Haywood and Tatiana

11  Haywood were passengers in a school bus owned by the Indian

12  River County School Board and operated by an employee of the

13  school board when the school bus failed to stop for a stop

14  sign at the intersection of 45th Street and 66th Avenue in

15  Vero Beach and collided with a tractor-trailer truck, and

16         WHEREAS, as a result of the collision, 11-year-old Clay

17  Haywood sustained numerous severe traumatic injuries requiring

18  multiple surgeries and was unable to attend school or engage

19  in any normal daily activities for many months, and

20         WHEREAS, as a result of the injuries he suffered in the

21  collision, Clay has incurred medical expenses totaling

22  $88,867.47 and will incur medical expenses in the future,

23  including $3,300 in dental expenses, and

24         WHEREAS, as a result of the collision, 9-year-old

25  Tatiana Haywood sustained multiple facial lacerations,

26  multiple extremity lacerations, and multiple contusions about

27  the body which will require revision surgery when she has

28  completed the majority of her growth, and

29         WHEREAS, as a result of the injuries she suffered in

30  the collision, Tatiana has been left with permanent scarring,

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 44
    24-19-03




 1  has incurred medical expenses totaling $3,225.75, and will

 2  incur medical expenses in the future, and

 3         WHEREAS, the Indian River County School Board admitted

 4  liability for the collision and has agreed to a court-ordered

 5  mediation settlement of all claims of Clay Haywood and Tatiana

 6  Haywood in the amount of $225,000, payable by the school board

 7  in 3 annual installments of $75,000, NOW, THEREFORE,

 8  

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

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

12  act are found and declared to be true.

13         Section 2.  The Indian River County School Board is

14  authorized and directed to appropriate from funds not

15  otherwise appropriated and to draw three annual warrants in

16  the amount of $75,000 each, for a total settlement of

17  $225,000, payable to Michelle O'Halloran, as compensation for

18  the injuries and damages sustained by her children Clay

19  Haywood and Tatiana Haywood due to the negligence of the

20  Indian River County school bus driver.

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

22  law.

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