Title: Relief/Kamel & Dimitri/Palm Beach Co. School Board

Summary: Provides for relief of Ashraf Kamel & Marguerite Dimitri by Palm Beach County School Board; provides for appropriation to compensate them for wrongful death of their minor child, Jean A. Pierre Kamel, as result of negligence of school board; provides limitation on payment of fees & costs. CLAIM:

Full Text:
WHEREAS, Jean A. Pierre Kamel's surviving father, Ashraf Kamel, brought a wrongful-death action against the Palm Beach County School Board seeking damages for Marguerite Dimitri, Jean's mother, and himself for their anguish and mental pain and suffering due to the tragic death of their minor son, and WHEREAS, before the shooting occurred, Tronneal Mangum and Jean Kamel, both of whom were students at Conniston, had a prior confrontation, namely Mangum's kicking Jean Kamel in his prosthetic leg, and WHEREAS, Jean Kamel and Tronneal Mangum met with a guidance counselor and told the counselor that Mangum had a watch that belonged to Jean Kamel, and WHEREAS, Jean Kamel told an agent or employee of the school board that "Tronneal is out to get me" just days before he was shot and killed, and WHEREAS, on the day of the shooting, Tronneal Mangum traveled to Conniston Middle School on the school bus with a loaded firearm and entered school property carrying the weapon, and WHEREAS, the Palm Beach County School Board was on notice that students had brought firearms to Conniston Middle School on previous occasions, and WHEREAS, on February 8, 2002, a Palm Beach County jury found that the Palm Beach County School Board was negligent and 80 percent liable for the death of Jean Kamel, and that Jean Kamel was percent comparatively negligent for his own death, and WHEREAS, the same jury determined that the amount of damages of Ashraf Kamel and Marguerite Dimitri for their anguish and mental pain and suffering as a result of the negligence of the Palm Beach County School Board was $2 million, and WHEREAS, on February 22, 2002, the circuit court reduced the jury verdict to final judgment in the sum of $1,602,400, based on the offset for percent comparative negligence, and WHEREAS, on May 14, 2002, the circuit court entered a cost judgment in favor of Ashraf Kamel in the amount of $13,490, and WHEREAS, the Palm Beach County School Board appealed the final judgment, and the Fourth District Court of Appeal rejected the appeal in a per curiam affirmed opinion issued on February 12, 2003, and WHEREAS, on February 27, 2003, the Palm Beach County School Board filed a Motion for Rehearing and Certification of Issues of Great Public Importance, which was denied by the Fourth District Court of Appeal on March 20, 2003, and WHEREAS, on April 17, 2003, the Palm Beach County School Board tendered to Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, a payment of $200,000, in accordance with the statutory limits of liability set forth in s. 768.28, Florida Statutes, and WHEREAS, Ashraf Kamel and Marguerite Dimitri and the Palm Beach County School Board agreed to settle the claim for a total of $560,000, and WHEREAS, Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, seeks satisfaction of the $360,000 balance of the settlement agreement, NOW, THEREFORE, 71 Be It Enacted by the Legislature of the State of Florida: 73 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Palm Beach County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant payable to Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, for the total amount of $180,000, to compensate Ashraf Kamel for injuries and damages sustained due to the death of Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite Dimitri, as a result of the negligence of the school board. Section 3. The Palm Beach County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant payable to Marguerite Dimitri for the amount of $180,000, to compensate Marguerite Dimitri for injuries and damages sustained due to the death of Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite Dimitri, as a result of the negligence of the school board. Section 4. The amount paid by the Palm Beach County School Board pursuant to s. 768.28, Florida Statutes, and the amounts awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in the death of Jean A. Pierre Kamel. The total amount paid for attorney's fees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed percent of the total amounts awarded under this act. Section 5. This act shall take effect upon becoming a law.