Florida Senate - 2011 (NP) SB 34 By Senator Dean 3-00033-11 201134__ 1 A bill to be entitled 2 An act for the relief of Angela Isham by the City of 3 Ft. Lauderdale; providing for an appropriation to 4 compensate Angela Isham, individually, and as co 5 personal representative of the Estate of David Isham, 6 deceased, for the death of Mr. Isham, which was due to 7 the negligence of employees of the City of Ft. 8 Lauderdale; providing a limitation on the payment of 9 fees and costs; providing an effective date. 10 11 WHEREAS, on November 15, 2001, David Isham, the owner of a 12 landscaping business and a pest control business, was driving 13 along N.W. 13th Street in Ft. Lauderdale, and 14 WHEREAS, in an unmarked police vehicle, police officers 15 from the Ft. Lauderdale Police Department were engaged in an 16 undercover narcotics surveillance and were in pursuit of a 17 suspect who was driving a 1994 BMW, and 18 WHEREAS, while being chased by the police officers, the 19 suspect collided with Mr. Isham’s vehicle and caused Mr. Isham’s 20 vehicle to flip upside down, catch on fire, and trap Mr. Isham 21 inside, and 22 WHEREAS, as a result of the collision, Mr. Isham died and 23 left behind his grieving widow, Angela Isham, and 24 WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft. 25 Lauderdale, and a week-long jury trial ensued in which the jury 26 found that the police officers, acting in an official capacity 27 as employees of the City of Ft. Lauderdale, were negligent with 28 regard to the vehicle chase that ultimately resulted in the 29 death of Mr. Isham and that their actions were the legal cause 30 of injury and death to Mr. Isham, and 31 WHEREAS, the jury returned a verdict on February 1, 2008, 32 in favor of Mrs. Isham, and final judgment was entered in the 33 amount of $1,435,219.25, plus postjudgment interest at the 34 statutory rate of 11 percent per annum, and 35 WHEREAS, the City of Ft. Lauderdale has paid only $200,000 36 of the judgment and has not negotiated any settlement of the 37 remaining judgment, and 38 WHEREAS, the City of Ft. Lauderdale has approximately 39 $2,023,594.52 in its Risk Management Fund, which is available to 40 pay claims or judgments such as the one presented by Mrs. Isham, 41 but it has not done so to date, and 42 WHEREAS, the balance of the net jury verdict in the amount 43 of $1,235,219.25 is sought through the submission of a claim 44 bill to the Legislature, NOW, THEREFORE, 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. The facts stated in the preamble to this act are 49 found and declared to be true. 50 Section 2. The City of Ft. Lauderdale is authorized and 51 directed to appropriate from funds of the city not otherwise 52 appropriated and to draw a warrant in the amount of 53 $1,235,219.25, plus postjudgment interest at the statutory rate 54 of 11 percent per annum, payable to Angela Isham, individually, 55 and as co-personal representative of the Estate of David Isham, 56 deceased. 57 Section 3. The amount paid by the City of Ft. Lauderdale 58 pursuant to s. 768.28, Florida Statutes, and the amount awarded 59 under this act are intended to provide the sole compensation for 60 all present and future claims arising out of the factual 61 situation described in this act which resulted in the death of 62 David Isham. The total amount paid for attorney’s fees, lobbying 63 fees, costs, and other similar expenses relating to this claim 64 may not exceed 25 percent of the amount awarded under this act. 65 Section 4. This act shall take effect upon becoming a law.