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Lawmaker files bill to get around sovereign immunity

Galusha
Escambia County is hoping that the state’s sovereign immunity laws will limit how much it has to pay to victims hurt in the April jail explosion. There is a way for the victims to get around it, if the state legislature intervenes.

Sen. Arthenia Joyner, D-Tampa, filed a bill today that would lead to the state paying $1.8 million to the parents of Devaughn Darling, a Florida State University football player who collapsed and died during preseason training in 2001. The parents, Wendy Smith and Dennis Darling, Sr., reached a $2 million settlement with the university. But the state’s sovereign immunity laws limited payment to $200,000 without approval from the Legislature to pay the full amount. Joyner’s claim bill (SB 38), which will be considered during the 2015 legislative session, would direct payment of the remaining $1.8 million. Similar claim bills stemming from the Darling death have failed to pass the Legislature in recent years. Senators began filing claim bills last week for the 2015 session.

Sovereign immunity has been the city of Pensacola’s defense against paying the medical bills of Paul Galusha who was hit by a city truck. Read about the case here.

Source: The News Service of Florida

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