HB 591

1
A bill to be entitled
2An act for the relief of Altavious Carter by the Palm
3Beach County School Board; providing for an appropriation
4to compensate Altavious Carter for injuries sustained as a
5result of the negligence of a bus driver of the Palm Beach
6County School District; providing a limitation on the
7payment of fees and costs; providing an effective date.
8
9     WHEREAS, on December 15, 2005, 14-year-old Altavious
10Carter, a freshman at Summit Christian School in Palm Beach
11County, was a passenger in a vehicle driven by Vincent H.
12Merriweather which was struck by a school bus driven by an
13employee of the Palm Beach County School District while Mr.
14Merriweather was stopped at a red light at the intersection of
15Forest Hill Boulevard and Olympia Boulevard in Palm Beach
16County, and
17     WHEREAS, the bus driver, Dennis Gratham, was cited for
18careless driving and the speed of the bus at the time of impact
19was 48.5 miles per hour, and
20     WHEREAS, the seat in which Altavious Carter was sitting was
21broken as a result of the crash, and Mr. Carter, who was wearing
22a seatbelt, was thrown into the back of the van, his neck was
23broken at the C6 level, and he suffered a C6-7 interior
24subluxation and reversal of normal cervical lordosis, with
25spinal cord flattening, and
26     WHEREAS, Altavious Carter was taken by ambulance to
27Wellington Regional Medical Center and subsequently to St.
28Mary's Medical Center where he was diagnosed and treated for
29these injuries, and
30     WHEREAS, Altavious Carter received a discectomy/fusion at
31C6-7, along with placement of a bone graft and cage, plates, and
32screws to fuse the spine at C6-7, and
33     WHEREAS, following rehabilitation, an MRI was taken in June
342009 which indicated a small herniation at the C7-T1 level,
35representing the start of degenerative disc disease, and
36     WHEREAS, on February 25, 2010, Altavious Carter received a
37jury verdict against the Palm Beach County School Board and the
38court entered a judgment in the amount of $1,094,034.30, and
39     WHEREAS, the Palm Beach County School Board is obligated to
40pay the statutory limit of $100,000 under s. 768.28, Florida
41Statutes, and
42     WHEREAS, the Palm Beach County School Board is responsible
43for paying the remainder of the judgment, which is $994,034.30,
44NOW, THEREFORE,
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  The facts stated in the preamble to this act
49are found and declared to be true.
50     Section 2.  The Palm Beach County School Board is
51authorized and directed to appropriate from funds of the school
52board not otherwise encumbered and to draw a warrant in the sum
53of $944,034.30, payable to Altavious Carter, as compensation for
54injuries and damages sustained.
55     Section 3.  The amount paid by the Palm Beach County School
56Board pursuant to s. 768.28, Florida Statutes, and amount
57awarded under this act are intended to provide the sole
58compensation for all present and future claims arising out of
59the factual situation described in this act which resulted in
60injuries to Altavious Carter. The total amount paid for
61attorney's fees, lobbying fees, costs, and other similar
62expenses relating to this claim may not exceed 25 percent of the
63total amount awarded under this act.
64     Section 4.  This act shall take effect upon becoming a law.


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