Bill Text: FL S0038 | 2018 | Regular Session | Introduced


Bill Title: Relief of Erin Joynt by Volusia County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-08-28 - Referred to Special Master on Claim Bills; Judiciary; Governmental Oversight and Accountability; Rules [S0038 Detail]

Download: Florida-2018-S0038-Introduced.html
       Florida Senate - 2018                              (NP)    SB 38
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00241-18                                              201838__
    1                        A bill to be entitled                      
    2         An act for the relief of Erin Joynt by Volusia County;
    3         providing for an appropriation to compensate Erin
    4         Joynt for injuries sustained as a result of the
    5         negligence of an employee of Volusia County; providing
    6         that certain payments and the appropriation satisfy
    7         all present and future claims related to the negligent
    8         act; providing a limitation on the payment of attorney
    9         fees; providing an effective date.
   10  
   11         WHEREAS, on July 31, 2011, Erin Joynt, her husband, and two
   12  children were vacationing beachgoers on Daytona Beach as they
   13  journeyed from their native Wichita, Kansas, to their planned
   14  destination of Walt Disney World, and
   15         WHEREAS, at the same time, in the regular course of his
   16  employment duties, Thomas Moderie, an employee of the Volusia
   17  County Beach Patrol, was driving a Ford F-150 pickup truck owned
   18  by the county along the beach, and
   19         WHEREAS, Mr. Moderie negligently operated the truck,
   20  running over Mrs. Joynt while she was sunbathing on the beach,
   21  and
   22         WHEREAS, as a result of the impact with the truck, Mrs.
   23  Joynt sustained severe injuries, including, but not limited to,
   24  multiple cranial and facial fractures, rib fractures, permanent
   25  facial injuries, and chronic back pain, and
   26         WHEREAS, Mrs. Joynt continues to suffer as a result of the
   27  impact and is unable to blink her right eye without the
   28  assistance of a gold weight sewn into her eyelid and has a
   29  perforated eardrum and additional hearing loss, permanent facial
   30  paralysis, speech and neurological deficits, and chronic pain,
   31  and
   32         WHEREAS, after a 4-day trial in June 2014, at which Volusia
   33  County acknowledged the negligence of Mr. Moderie, a jury found
   34  the county liable for Mrs. Joynt’s injuries and awarded her
   35  compensatory damages in the amount of $2.6 million, and
   36         WHEREAS, on January 12, 2016, following resolution of an
   37  appeal initiated by the county, a final judgment in the amount
   38  of $2 million was entered against Volusia County by the trial
   39  court, and
   40         WHEREAS, Volusia County is insured for Mrs. Joynt’s claim
   41  for damages through an excess liability insurance policy
   42  underwritten by Star Insurance Company, and
   43         WHEREAS, Volusia County has already paid $85,000 of the
   44  judgment to Mrs. Joynt pursuant to the statutory limits of
   45  liability set forth in s. 768.28, Florida Statutes, which were
   46  in effect at the time that Mrs. Joynt’s claim arose, NOW,
   47  THEREFORE,
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. The facts stated in the preamble to this act are
   52  found and declared to be true.
   53         Section 2. Volusia County is authorized and directed to
   54  appropriate from funds of the county not otherwise encumbered,
   55  or from the county’s liability insurance coverage, and to draw a
   56  warrant in the sum of $1,895,000, payable to Erin Joynt as
   57  compensation for injuries and damages sustained.
   58         Section 3. The amount paid by Volusia County pursuant to s.
   59  768.28, Florida Statutes, and the amount awarded under this act
   60  are intended to provide the sole compensation for all present
   61  and future claims arising out of the factual situation described
   62  in this act which resulted in injuries and damages to Erin
   63  Joynt. The total amount paid for attorney fees relating to this
   64  claim may not exceed 25 percent of the amount awarded under this
   65  act.
   66         Section 4. This act shall take effect upon becoming a law.

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