Bill Text: FL S0022 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Estate of Cesar Solomon/JTA

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-05 - Placed on Special Order Calendar, 05/05/11 [S0022 Detail]

Download: Florida-2011-S0022-Introduced.html

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       Florida Senate - 2011                              (NP)    SB 22
       
       
       
       By Senator Hill
       
       
       
       
       1-00015A-11                                             201122__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Cesar Solomon
    3         by the Jacksonville Transportation Authority;
    4         providing for an appropriation to compensate the
    5         Estate of Cesar Solomon for Mr. Solomon’s death, which
    6         was the result of negligence by a bus driver of the
    7         Jacksonville Transportation Authority; providing a
    8         limitation on the payment of fees and costs; providing
    9         an effective date.
   10  
   11         WHEREAS, on March 25, 2008, Cesar Solomon, in the course of
   12  his employment by the City of Jacksonville, was standing in the
   13  bucket of an aerial lift truck while changing a traffic signal
   14  bulb at the intersection of Commonwealth and Melson Avenues, and
   15         WHEREAS, at the same time Gwendolyn Wells Mordecai, while
   16  in the course and scope of her employment, was driving a bus
   17  owned and operated by the Jacksonville Transportation Authority
   18  and crashed the bus into the aerial lift truck, knocking Cesar
   19  Solomon out of the bucket to his death, and
   20         WHEREAS, the Estate of Cesar Solomon filed a lawsuit
   21  against the Jacksonville Transportation Authority, Gwendolyn
   22  Wells Mordecai, and Jax Transit Management for negligence, and
   23         WHEREAS, the Jacksonville Transportation Authority and Jax
   24  Transit Management acknowledged that Gwendolyn Wells Mordecai
   25  was responsible for the accident and that Cesar Solomon was not
   26  comparatively negligent, and
   27         WHEREAS, the Jacksonville Transportation Authority entered
   28  into a stipulated judgment in favor of the Estate of Cesar
   29  Solomon for $1.25 million and acknowledged that a jury likely
   30  would have entered a multi-million-dollar verdict if the lawsuit
   31  had proceeded to trial, and
   32         WHEREAS, the Jacksonville Transportation Authority has paid
   33  $200,000 to the Estate of Cesar Solomon, the maximum amount
   34  authorized under s. 768.28, Florida Statutes, and
   35         WHEREAS, the Jacksonville Transportation Authority has
   36  agreed to remain neutral and not take any action adverse to the
   37  pursuit of a claim bill by the Estate of Cesar Solomon to
   38  authorize and direct the Jacksonville Transportation Authority
   39  to pay the remaining $1.05 million pursuant to the stipulated
   40  judgment, NOW, THEREFORE,
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. The facts stated in the preamble to this act are
   45  found and declared to be true.
   46         Section 2. The Jacksonville Transportation Authority is
   47  authorized and directed to appropriate from funds of the
   48  authority not otherwise appropriated and to draw warrants to pay
   49  $1.05 million to the Estate of Cesar Solomon as compensation for
   50  the death of Cesar Solomon. Each warrant shall be in the amount
   51  of $350,000 and shall be paid annually for 3 years.
   52         Section 3. The amount paid by the Jacksonville
   53  Transportation Authority pursuant to s. 768.28, Florida
   54  Statutes, and this award are intended to provide compensation
   55  for all present and future claims arising out of the factual
   56  situation that resulted in the death of Cesar Solomon as
   57  described in this act. The total amount paid for attorney’s
   58  fees, lobbying fees, costs, and other similar expenses relating
   59  to this claim may not exceed 25 percent of the amount awarded
   60  under this act.
   61         Section 4. This act shall take effect upon becoming a law.