HB 1189

1	A bill to be entitled
2	An act for the relief of Donna Sofka Marini (formerly
3	known as Donna Sofka) by Polk County; providing for an
4	appropriation to compensate her for injuries and damages
5	sustained due to the negligence of Polk County; providing
6	an effective date.
7
8	WHEREAS, on December 28, 1988, Donna Sofka Marini (then
9	known as Donna Sofka) was involved in a vehicular accident that
10	left her a quadriplegic, and
11	WHEREAS, on that date, Donna Sofka Marini was driving her
12	car westward on East Lamp Post Lane north of Lakeland, where
13	East Post Lane meets Old Polk City Road at the crest of a small
14	hill, and
15	WHEREAS, East Lamp Post Lane had recently been extended
16	past Old Polk City Road into a relatively new road named West
17	Lamp Post Lane, but there was no stop sign or other marking
18	denoting the intersection, and
19	WHEREAS, despite Polk County's knowledge that recent
20	construction in the area had created a four-way intersection and
21	essentially a "through" street, traffic-control devices had not
22	been installed at the time of the accident, and
23	WHEREAS, suit was filed against various defendants,
24	including Polk County, and, at trial, unrebutted testimony
25	established that the creation of the four-way intersection
26	created a dangerous condition, and
27	WHEREAS, Polk County's own traffic-sign foreman concurred
28	that the intersection was dangerous, and the manual used by the
29	county clearly indicated that traffic control devices were
30	needed at the intersection, and
31	WHEREAS, the jury agreed and awarded Donna Sofka Marini
32	$6.5 million in damages, in accordance with the degree of
33	responsibility for the accident attributed to the county, which
34	was 77 percent, and
35	WHEREAS, after years of appeals and a new trial, a
36	Stipulated Final Judgment in the amount of $600,000 against the
37	county was entered into by the parties, NOW, THEREFORE,
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  The facts stated in the preamble to this act
42	are found and declared to be true.
43	Section 2.  The Board of County Commissioners of Polk
44	County is authorized and directed to appropriate from funds of
45	the county not otherwise appropriated and to draw a warrant
46	payable to Donna Sofka Marini for the total amount of $600,000
47	as compensation for injuries and damages sustained as a result
48	of the negligence of Polk County.
49	Section 3.  This act shall take effect upon becoming a law.

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