HB 827

1	A bill to be entitled
2	An act for the relief of Angela Isham by the City of Ft.
3	Lauderdale; providing for an appropriation to compensate
4	Angela Isham, individually, and as co-personal
5	representative of the Estate of David Isham, deceased, for
6	the death of Mr. Isham which was due to the negligence of
7	employees of the City of Ft. Lauderdale; providing for
8	attorney's fees and costs; providing a limitation on the
9	payment of fees and costs; providing an effective date.
10
11	WHEREAS, on November 15, 2001, David Isham, the owner of a
12	landscaping business and a pest control business, was driving
13	along N.W. 13th Street in Ft. Lauderdale, and
14	WHEREAS, in an unmarked police vehicle, police officers
15	from the Ft. Lauderdale Police Department were engaged in an
16	undercover narcotics surveillance and were in pursuit of a
17	suspect who was driving a 1994 BMW, and
18	WHEREAS, while being chased by the police officers, the
19	suspect collided with Mr. Isham's vehicle and caused Mr. Isham's
20	vehicle to flip upside down, catch on fire, and trap Mr. Isham
21	inside, and
22	WHEREAS, as a result of the collision, Mr. Isham died and
23	left behind his grieving widow, Angela Isham, and
24	WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft.
25	Lauderdale, and a week-long jury trial ensued in which the jury
26	found that the police officers, acting in an official capacity
27	as employees of the City of Ft. Lauderdale, were negligent with
28	regard to the vehicle chase that ultimately resulted in the
29	death of Mr. Isham and that their actions were the legal cause
30	of injury and death to David Isham, and
31	WHEREAS, the jury returned a verdict on February 1, 2008,
32	in favor of Angela Isham in the amount of $1,870,438.50,
33	comprised of $1,270,438.50 in economic damages, as agreed and
34	stipulated to by the City of Ft. Lauderdale, and $600,000 in
35	noneconomic damages for loss of companionship and protection and
36	for pain and suffering as a result of the death of David Isham,
37	and
38	WHEREAS, an agreed and stipulated judgment was entered
39	against the City of Ft. Lauderdale in the amount of
40	$1,435,219.25, plus statutory postjudgment interest, which
41	represented a reduction in noneconomic damages and the payment
42	of $200,000 by the City of Ft. Lauderdale according to the Order
43	on Plaintiff's Motion for Entry of Final Judgment which was
44	entered on June 4, 2008, and
45	WHEREAS, since February 1, 2008, documentable, postverdict
46	attorney's costs in the amount of $809.64 and attorney's fees in
47	the amount of $18,900 have accrued in an attempt to reach a
48	settlement with the City of Ft. Lauderdale, and
49	WHEREAS, the City of Ft. Lauderdale has paid $200,000 of
50	the judgment pursuant to the limits of liability set forth in s.
51	768.28, Florida Statutes, and has not negotiated any settlement
52	of the remaining judgment, and
53	WHEREAS, the City of Ft. Lauderdale has approximately
54	$2,023,594.52 in its Risk Management Fund which is available to
55	pay claims or judgments such as the one presented by Mrs. Isham,
56	but it has not done so to date, and
57	WHEREAS, the balance of the net jury verdict in the amount
58	of $1,435,219.25 is sought through the submission of a claim
59	bill to the Legislature, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2.  The City of Ft. Lauderdale is authorized and
66	directed to appropriate from funds of the city not otherwise
67	appropriated and to draw a warrant payable to Angela Isham,
68	individually and as co-personal representative of the Estate of
69	David Isham, deceased, in the amount of $1,435,219.25, plus
70	postjudgment interest at the statutory rate of 11 percent per
71	annum, which is inclusive of prejudgment attorney's fees and
72	costs, as limited in accordance with state law, as compensation
73	for the death of her husband, David Isham.
74	Section 3.  The City of Ft. Lauderdale is authorized and
75	directed to appropriate from funds of the city not otherwise
76	appropriated and to draw a warrant in the amount of $19,709.64
77	as compensation for postverdict attorney's fees and costs.
78	Section 4.  Any amount awarded under this act pursuant to
79	the waiver of sovereign immunity permitted under s. 768.28,
80	Florida Statutes, and this award is intended to provide the sole
81	compensation for all present and future claims arising out of
82	the factual situation described in the preamble to this act
83	which resulted in the death of David Isham. The total amount
84	paid for attorney's fees, lobbying fees, costs, and other
85	similar expenses relating to this claim may not exceed 25
86	percent of the amount awarded under this act.
87	Section 5.  This act shall take effect upon becoming a law.

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