Bill Text: FL S0020 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Estate of Dr. Sherrill Lynn Aversa/DOT

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0020 Detail]

Download: Florida-2010-S0020-Introduced.html

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Florida Senate - 2010                              (NP)    SB 20 
 
By Senator Baker 
20-00111A-10                                            201020__ 
1                        A bill to be entitled 
2         An act for the relief of the Estate of Dr. Sherrill 
3         Lynn Aversa; providing an appropriation to compensate 
4         the Estate of Dr. Sherrill Lynn Aversa for Dr. 
5         Aversa’s death as result of the negligence of the 
6         Department of Transportation; providing for attorney’s 
7         fees and costs; providing a limitation on the payment 
8         of fees and costs; providing an effective date. 
9 
10         WHEREAS, on June 21, 1999, an employee of the Department of 
11  Transportation was driving a departmental truck northbound on 
12  Interstate 75 in Hillsborough County, Florida, and 
13         WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having 
14  completed an interview at the University of South Florida 
15  Medical School, was traveling southbound on Interstate 75, and 
16         WHEREAS, by departmental policy, employees of the 
17  department are required to ensure that all items used by the 
18  department and stored on a truck are appropriately secured to 
19  the truck, and 
20         WHEREAS, one such item used by the department and stored on 
21  the truck was a 12-foot extension ladder stored on the top of 
22  the truck, and 
23         WHEREAS, the department’s employee failed to ensure that 
24  the ladder was secured to the truck before leaving the 
25  department’s maintenance yard, and 
26         WHEREAS, thereafter, while the employee traveled northbound 
27  on Interstate 75, the extension ladder flew from the roof of the 
28  truck into the northbound traffic following the department’s 
29  truck, and 
30         WHEREAS, the driver of the vehicle traveling behind the 
31  department’s truck swerved to avoid hitting the extension 
32  ladder, which was ejected directly at the driver in her lane of 
33  traffic, and 
34         WHEREAS, as a result of the swerving movements, the driver 
35  of the vehicle behind the department’s truck lost control of her 
36  vehicle, veered to the left, crossed the Interstate 75 median, 
37  and struck Dr. Aversa’s vehicle, killing Dr. Aversa instantly, 
38  and 
39         WHEREAS, as a result of these events, the Estate of Dr. 
40  Aversa brought suit against the Department of Transportation for 
41  the negligence causing the death of Dr. Aversa, and 
42         WHEREAS, after 3 years of litigation, the department 
43  admitted liability for the accident and agreed to settle the 
44  case, and 
45         WHEREAS, the parties agreed to a consent judgment solely 
46  against the department, with no finding of comparative 
47  negligence against any other party, in the amount of $797,500, 
48  and 
49         WHEREAS, the Department of Transportation has paid $100,000 
50  to the Estate of Dr. Sherrill Lynn Aversa under the statutory 
51  limits of liability set forth in s. 768.28, Florida Statutes, 
52  NOW, THEREFORE, 
53 
54  Be It Enacted by the Legislature of the State of Florida: 
55 
56         Section 1. The facts stated in the preamble to this act are 
57  found and declared to be true. 
58         Section 2. The Executive Office of the Governor is directed 
59  to establish spending authority from unappropriated trust fund 
60  balances of the Department of Transportation in the amount of 
61  $697,500 to a new category titled “Relief: Estate of Dr. 
62  Sherrill Lynn Aversa” as compensation to the Estate of Dr. 
63  Sherrill Lynn Aversa for the death of Dr. Aversa, which amount 
64  includes attorney’s fees and costs. 
65         Section 3. The Chief Financial Officer is directed to draw 
66  a warrant in favor of the Estate of Dr. Sherrill Lynn Aversa in 
67  the sum of $697,500 upon funds of the Department of 
68  Transportation not otherwise encumbered, and the Chief Financial 
69  Officer is directed to pay the same out of such funds in the 
70  State Treasury. 
71         Section 4. The amount paid by the Department of 
72  Transportation pursuant to s. 768.28, Florida Statutes, and the 
73  amount awarded under this act are intended to provide the sole 
74  compensation for all present and future claims arising out of 
75  the factual situation described in this act which resulted in 
76  the death of Dr. Sherrill Lynn Aversa. The total amount paid for 
77  attorney’s fees, lobbying fees, costs, and other similar 
78  expenses relating to this claim may not exceed 25 percent of the 
79  amount awarded under this act. 
80         Section 5. This act shall take effect upon becoming a law.