Bill Text: FL H0911 | 2012 | Regular Session | Introduced


Bill Title: Relief/Altavious Carter/Palm Beach County School Board

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H0911 Detail]

Download: Florida-2012-H0911-Introduced.html
HB 911

1
A bill to be entitled
2An act for the relief of Altavious Carter by the Palm
3Beach County School Board; providing for an
4appropriation to compensate Altavious Carter for
5injuries sustained as a result of the negligence of a
6bus driver of the Palm Beach County School District;
7providing a limitation on the payment of fees and
8costs; providing an effective date.
9
10     WHEREAS, on December 15, 2005, 14-year-old Altavious
11Carter, a freshman at Summit Christian School in Palm Beach
12County, was a passenger in a vehicle driven by Vincent H.
13Merriweather which was struck by a school bus driven by an
14employee of the Palm Beach County School District while Mr.
15Merriweather was stopped at a red light at the intersection of
16Forest Hill Boulevard and Olympia Boulevard in Palm Beach
17County, and
18     WHEREAS, the bus driver, Dennis Gratham, was cited for
19careless driving and the speed of the bus at the time of impact
20was 48.5 miles per hour, and
21     WHEREAS, the seat in which Altavious Carter was sitting was
22broken as a result of the crash, and Mr. Carter, who was wearing
23a seatbelt, was thrown into the back of the van, his neck was
24broken at the C6 level, and he suffered a C6-7 interior
25subluxation and reversal of normal cervical lordosis, with
26spinal cord flattening, and
27     WHEREAS, Altavious Carter was taken by ambulance to
28Wellington Regional Medical Center and subsequently to St.
29Mary's Medical Center where he was diagnosed and treated for
30these injuries, and
31     WHEREAS, Altavious Carter received a discectomy/fusion at
32C6-7, along with placement of a bone graft and cage, plates, and
33screws to fuse the spine at C6-7, and
34     WHEREAS, following rehabilitation, an MRI was taken in June
352009 which indicated a small herniation at the C7-T1 level,
36representing the start of degenerative disc disease, and
37     WHEREAS, on February 25, 2010, Altavious Carter received a
38jury verdict against the Palm Beach County School Board and the
39court entered a judgment in the amount of $1,094,034.30, and
40     WHEREAS, the Palm Beach County School Board is obligated to
41pay the statutory limit of $100,000 under s. 768.28, Florida
42Statutes, and
43     WHEREAS, the Palm Beach County School Board is responsible
44for paying the remainder of the judgment, which is $994,034.30,
45NOW, THEREFORE,
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  The facts stated in the preamble to this act
50are found and declared to be true.
51     Section 2.  The Palm Beach County School Board is
52authorized and directed to appropriate from funds of the school
53board not otherwise encumbered and to draw a warrant in the sum
54of $944,034.30, payable to Altavious Carter, as compensation for
55injuries and damages sustained.
56     Section 3.  The amount paid by the Palm Beach County School
57Board pursuant to s. 768.28, Florida Statutes, and amount
58awarded under this act are intended to provide the sole
59compensation for all present and future claims arising out of
60the factual situation described in this act which resulted in
61injuries to Altavious Carter. The total amount paid for
62attorney's fees, lobbying fees, costs, and other similar
63expenses relating to this claim may not exceed 25 percent of the
64total amount awarded under this act.
65     Section 4.  This act shall take effect upon becoming a law.


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