HB 0095 2003
1	A bill to be entitled
2	An act relating to Hernando County; providing for the
3	relief of John W. Martz; providing for an appropriation to
4	compensate him for injuries and damages sustained as a
5	result of the negligence of Hernando County; providing an
6	effective date.
7
8	WHEREAS, on February 20, 2000, John W. Martz, then 16 years
9	of age, was the driver of a vehicle traveling westbound on
10	Powell Road near the intersection of Cedar Lane in Hernando
11	County, and
12	WHEREAS, John W. Martz was traveling with his friend,
13	Crystal Crenshaw, to another friend’s house at approximately 7
14	p.m., and
15	WHEREAS, the roadway on which John W. Martz was traveling
16	had a slight downgrade and was slightly curved, and
17	WHEREAS, the speed limit on Powell Road is 50 miles per
18	hour, and
19	WHEREAS, John W. Martz was traveling between 50 and 60
20	miles per hour when his passenger-side tires left the pavement
21	and went into a large rut immediately adjacent to the roadway,
22	and
23	WHEREAS, the rut was approximately 60 feet long and 8
24	inches deep at its deepest point, and
25	WHEREAS, John W. Martz attempted to bring his vehicle back
26	onto the pavement when he lost control of the vehicle and struck
27	a large tree located on the opposite side of the roadway, and
28	WHEREAS, as a result of the vehicular accident of February
29	20, 2000, John W. Martz was seriously injured, and
30	WHEREAS, liability on the part of Hernando County was
31	clear, and
32	WHEREAS, Hernando County had notice of the existence of the
33	large rut adjacent to Powell Road for at least 6 weeks prior to
34	the accident in which John W. Martz was injured, but failed to
35	repair the rut, and
36	WHEREAS, the dimensions of the rut clearly violated state
37	guidelines concerning the construction and maintenance of road
38	shoulders, and
39	WHEREAS, John W. Martz was seriously injured during the
40	accident of February 20, 2000, suffering fractures at the C5 and
41	C7 vertebrae which rendered him a quadriplegic, and
42	WHEREAS, following the accident, John W. Martz underwent
43	surgery to stabilize his cervical spine, and
44	WHEREAS, John W. Martz has undergone extensive physical
45	therapy since the accident, and
46	WHEREAS, John W. Martz will have significant future medical
47	expense, in addition to significant loss of future earnings as a
48	result of his cervical spine injury, and
49	WHEREAS, John W. Martz settled his case with Hernando
50	County for the sum of $2,500,000, and
51	WHEREAS, ITT Hartford, Hernando County’s insurance carrier,
52	paid their policy limits in the amount of $2,000,000 to John W.
53	Martz, $1,000,000 of which was paid in structured payments and
54	$1,000,000 of which was paid in cash, and
55	WHEREAS, the parties in this action have entered into an
56	agreement for this claims bill in the amount of $500,000, and
57	WHEREAS, Hernando County does not contest this claims bill
58	for the relief of John W. Martz, NOW, THEREFORE,
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.The facts stated in the preamble to this act
63	are found and declared to be true.
64	Section 2.The Board of County Commissioners of Hernando
65	County is authorized and directed to appropriate from funds of
66	the county not otherwise appropriated and to draw a warrant in
67	the sum of $500,000 payable to John W. Martz as compensation for
68	injuries and damages sustained.
69	Section 3. This act shall take effect upon becoming a law.
70