HomeMy WebLinkAbout2008-034RESOLUTION NO. 2008-034
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
IN SUPPORT OF HOUSE BILL 201 AND SENATE BILL 34,
CLAIMS BILLS FOR LAURA LAPORTE.
WHEREAS, on October 9, 1999, Laura LaPorte, a resident of Indian River
County, was severely injured in an automobile collision caused by the negligence of a
grove inspector who was working for the Florida Department of Agriculture and
Consumer Services; and
WHEREAS, the grove inspector had recently returned to work after a leave of
absence and was found to have opiates and benzodiazepine M her system at the time
of the crash; and
WHEREAS, after removing her from the vehicle, and being air lifted to Holmes
Regional Medical Center, doctors discovered that her legs were severely injured and;
and
WHEREAS, the injuries sustained in the accident have resulted in the need for
numerous orthopedic surgeries and have left Ms. LaPorte with extensive pain and
greatly decreased mobility; and
WHEREAS, her injuries result in frequent falls and she is unable to get up by
herself, leaving her dependant on the care of others to find -and assist her; and
WHEREAS, the effects of Ms. LaPorte's injuries are compounded by the fact that
she was diagnosed with Muscular Dystrophy as a teenager, making the use of her legs
extremely precious; and
WHEREAS, doctors believe Ms. LaPorte will require additional medical care and
will lose her ability to live independently at a younger age as a result of the accident;
and
WHEREAS, on January 10, 2002, an Indian River County jury returned a verdict
of Five Million Five Hundred Eighty -Two Thousand Seven Hundred Seventy -Six Dollars
and Eight -Two Cents ($5,582,776.82) in favor of Ms. LaPorte for the severe damages
caused by the Department of Agriculture's grove inspector; and
WHEREAS, in each legislative session since 2002, a Claims Bill has been
introduced, but not passed, effectively denying Laura LaPorte's recovery against the
Florida Department of Agriculture; and
WHEREAS, the Legislature is currently considering House Bill 201 and Senate
Bill 34 which, if passed, will result in payment to Laura LaPorte in accordance with the
provisions of those Bills; and
RESOLUTION NO
WN66 1 Y,
WHEREAS, House Bill 201, would set the amount of compensation at 4 million
dollars; and
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The Board of County Commissioners supports House Bill 201 and Senate
Bill 34, Laura LaPorte's claims bill as worthy legislation and encourages
the House of Representatives and the Florida Senate to pass a Claims Bill
in the form of House Bill 201.
This resolution was moved for adoption by Commissioner Wheeler , and the
motion was seconded by Commissioner Davis , and upon being put to a vote,
the vote was as follows:
Chairman Sandra L. Bowden Aye
Vice Chairman Wesley S. Davis Aye
Commissioner. Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared
11th day of March , 2008.
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William K. D"eBraal
Deputy County Attorney
the resolution duly passed and adopted this
INDIAN RIVER COUNTY, FLORIDA
by its Board of County Commissioners
2