Bill Text: FL S0038 | 2010 | Regular Session | Introduced
Bill Title: Relief/Angela Isham/City of Ft. Lauderdale
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0038 Detail]
Download: Florida-2010-S0038-Introduced.html
Florida Senate - 2010 (NP) SB 38 By Senator Dean 3-00197-10 201038__ 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 for attorney’s fees and costs; 9 providing a limitation on the payment of fees and 10 costs; providing an effective date. 11 12 WHEREAS, on November 15, 2001, David Isham, the owner of a 13 landscaping business and a pest control business, was driving 14 along N.W. 13th Street in Ft. Lauderdale, and 15 WHEREAS, in an unmarked police vehicle, police officers 16 from the Ft. Lauderdale Police Department were engaged in an 17 undercover narcotics surveillance and were in pursuit of a 18 suspect who was driving a 1994 BMW, and 19 WHEREAS, while being chased by the police officers, the 20 suspect collided with Mr. Isham’s vehicle and caused Mr. Isham’s 21 vehicle to flip upside down, catch on fire, and trap Mr. Isham 22 inside, and 23 WHEREAS, as a result of the collision, Mr. Isham died and 24 left behind his grieving widow, Angela Isham, and 25 WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft. 26 Lauderdale, and a week-long jury trial ensued in which the jury 27 found that the police officers, acting in an official capacity 28 as employees of the City of Ft. Lauderdale, were negligent with 29 regard to the vehicle chase that ultimately resulted in the 30 death of Mr. Isham and that their actions were the legal cause 31 of injury and death to Mr. Isham, and 32 WHEREAS, the jury returned a verdict on February 1, 2008, 33 in favor of Mrs. Isham, and final judgment was entered in the 34 amount of $1,435,219.25, plus postjudgment interest at the 35 statutory rate of 11 percent per annum, and 36 WHEREAS, the City of Ft. Lauderdale has paid only $200,000 37 of the judgment and has not negotiated any settlement of the 38 remaining judgment, and 39 WHEREAS, the City of Ft. Lauderdale has approximately 40 $2,023,594.52 in its Risk Management Fund which is available to 41 pay claims or judgments such as the one presented by Mrs. Isham, 42 but it has not done so to date, and 43 WHEREAS, the balance of the net jury verdict in the amount 44 of $1,235,219.25 is sought through the submission of a claim 45 bill to the Legislature, NOW, THEREFORE, 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. The facts stated in the preamble to this act are 50 found and declared to be true. 51 Section 2. The City of Ft. Lauderdale is authorized and 52 directed to appropriate from funds of the city not otherwise 53 appropriated and to draw a warrant in the amount of 54 $1,235,219.25, plus postjudgment interest at the statutory rate 55 of 11 percent per annum, payable to Angela Isham, individually, 56 and as co-personal representative of the Estate of David Isham, 57 deceased. 58 Section 3. The amount paid by the City of Ft. Lauderdale 59 pursuant to s. 768.28, Florida Statutes, and the amount awarded 60 under this act are intended to provide the sole compensation for 61 all present and future claims arising out of the factual 62 situation described in this act which resulted in the death of 63 David Isham. The total amount paid for attorney’s fees, lobbying 64 fees, costs, and other similar expenses relating to this claim 65 may not exceed 25 percent of the amount awarded under this act. 66 Section 4. This act shall take effect upon becoming a law.
