HB 687

1	A bill to be entitled
2	An act for the relief of the Estate of Dr. Sherrill Lynn
3	Aversa; providing an appropriation to compensate the
4	Estate of Dr. Sherrill Lynn Aversa for Dr. Aversa's death
5	as result of the negligence of the Department of
6	Transportation; requiring the Executive Office of the
7	Governor to establish spending authority from
8	unappropriated trust fund balances of the department for
9	compensation to the Estate of Dr. Sherrill Lynn Aversa;
10	providing for attorney's fees and costs; providing a
11	limitation on the payment of fees and costs; providing an
12	effective date.
13
14	WHEREAS, on June 21, 1999, an employee of the Department of
15	Transportation was driving a departmental truck northbound on
16	Interstate 75 in Hillsborough County, Florida, and
17	WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having
18	completed an interview at the University of South Florida
19	Medical School, was traveling southbound on Interstate 75, and
20	WHEREAS, according to departmental policy, employees of the
21	department are required to ensure that all items used by the
22	department and stored on a truck are appropriately secured to
23	the truck, and
24	WHEREAS, one such item used by the department and stored on
25	the truck was a 12-foot extension ladder stored on the top of
26	the truck, and
27	WHEREAS, the department's employee failed to ensure that
28	the ladder was secured to the truck before leaving the
29	department's maintenance yard, and
30	WHEREAS, thereafter, while the employee traveled northbound
31	on Interstate 75, the extension ladder flew from the roof of the
32	truck into the northbound traffic following the department's
33	truck, and
34	WHEREAS, the driver of the vehicle traveling behind the
35	department's truck swerved to avoid hitting the extension
36	ladder, which was ejected directly at the driver in her lane of
37	traffic, and
38	WHEREAS, as a result of the swerving movements, the driver
39	of the vehicle behind the department's truck lost control of her
40	vehicle, veered to the left, crossed the Interstate 75 median,
41	and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,
42	and
43	WHEREAS, as a result of these events, the Estate of Dr.
44	Aversa brought suit against the Department of Transportation for
45	the negligence causing the death of Dr. Aversa, and
46	WHEREAS, after 3 years of litigation, the department
47	admitted liability for the accident and agreed to settle the
48	case, and
49	WHEREAS, the parties agreed to a consent judgment solely
50	against the department, with no finding of comparative
51	negligence against any other party, in the amount of $797,500,
52	and
53	WHEREAS, the Department of Transportation has paid $100,000
54	to the Estate of Dr. Sherrill Lynn Aversa under the statutory
55	limits of liability set forth in s. 768.28, Florida Statutes,
56	NOW, THEREFORE,
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  The facts stated in the preamble to this act
61	are found and declared to be true.
62	Section 2.  The Executive Office of the Governor is
63	directed to establish spending authority from unappropriated
64	trust fund balances of the Department of Transportation in the
65	amount of $697,500 to a new category titled "Relief: Estate of
66	Dr. Sherrill Lynn Aversa" as compensation to the Estate of Dr.
67	Sherrill Lynn Aversa for the death of Dr. Aversa, which amount
68	includes attorney's fees and costs.
69	Section 3.  The Chief Financial Officer is directed to draw
70	a warrant in favor of the Estate of Dr. Sherrill Lynn Aversa in
71	the sum of $697,500 upon funds of the Department of
72	Transportation not otherwise encumbered, and the Chief Financial
73	Officer is directed to pay the same out of such funds in the
74	State Treasury.
75	Section 4.  The amount paid by the Department of
76	Transportation pursuant to s. 768.28, Florida Statutes, and the
77	amount awarded under this act are intended to provide the sole
78	compensation for all present and future claims arising out of
79	the factual situation described in this act which resulted in
80	the death of Dr. Sherrill Lynn Aversa. The total amount paid for
81	attorney's fees, lobbying fees, costs, and other similar
82	expenses relating to this claim may not exceed 25 percent of the
83	amount awarded under this act.
84	Section 5.  This act shall take effect upon becoming a law.

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