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FL H6515

CL

Status

Passed

4/9/2018

Primary Sponsor

Civil Justice and Claims Subcommittee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Brevard County is authorized to appropriate and pay $25,000 to Cathleen Smiley (now known as Cathleen Waller) to compensate her for personal injuries and damages from a June 18, 1998 automobile accident caused by a Brevard County employee operating a passenger bus traveling at approximately 45 miles per hour.

  • The accident involved a multi-vehicle collision where the county bus struck a van driven by Howard Evarts, which then struck Ms. Smiley's vehicle; Ms. Smiley suffered permanent injuries to her neck and left shoulder with an 8 percent whole body impairment and requires ongoing chiropractic and medical care.

  • A consent judgment for $25,000 was entered on January 25, 2016 after Ms. Smiley and Brevard County agreed to a stipulated settlement in case number 05-2000-CA-004291-XXXX-XX.

  • The $25,000 payment, combined with amounts previously paid by Brevard County under sovereign immunity law (section 768.28, Florida Statutes), constitutes the sole compensation for all present and future claims arising from this accident.

  • Attorney fees are limited to $6,250, no lobbying fees may be paid, and costs and other expenses are limited to $2,343.12; the act takes effect upon becoming law.

Legislative Description

Relief/Cathleen Smiley/Brevard County

Last Action

Chapter No. 2018-190

4/9/2018

Committee Referrals

Judiciary2/20/2018
Judiciary12/11/2017
Civil Justice and Claims Subcommittee11/8/2017

Full Bill Text

No bill text available