Florida Senate - 2009                                      SB 54
       
       
       
       By Senator Siplin
       
       
       
       
       19-00114-09                                             200954__
    1                        A bill to be entitled                      
    2         An act for the relief of Donna Sofka by Polk County;
    3         providing for an appropriation to compensate the
    4         claimant for injuries suffered as a result of the
    5         negligence of Polk County; providing a limitation on
    6         the payment of fees and costs; providing an effective
    7         date.
    8  
    9         WHEREAS, on December 28, 1988, Donna Sofka was involved in
   10  a vehicular accident that left her a quadriplegic, and
   11         WHEREAS, on that date, Ms. Sofka was driving her car
   12  westward on East Lamp Post Lane north of Lakeland, where East
   13  Lamp 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, a 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 $6.5
   32  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 are
   42  found and declared to be true.
   43         Section 2. The Board of County Commissioners of Polk County
   44  is authorized and directed to compensate Donna Sofka out of
   45  funds of the county not otherwise appropriated, and to draw a
   46  warrant payable to Donna Sofka in the amount of $600,000 for
   47  injuries and damages sustained as a result of the negligence of
   48  Polk County.
   49         Section 3. The amount awarded under this act is intended to
   50  provide the sole compensation for all present and future claims
   51  arising out of the factual situation described in this act which
   52  resulted in injuries to Donna Sofka. The total amount paid for
   53  attorney's fees, lobbying fees, costs, and other similar
   54  expenses relating to this claim may not exceed 25 percent of the
   55  amount awarded under this act.
   56         Section 4. This act shall take effect upon becoming a law.