Title: Relief/Reginald Jackson/City of Lakeland

Summary: Provides appropriation from City of Lakeland to compensate Reginald Jackson for injuries sustained as result of negligence of city employee; provides limitation on payment of fees & costs.

Full Text:
WHEREAS, it was later determined that Officer Cochran had entered an incorrect license plate number and that Mr. Jackson's license plate was, in fact, valid, and WHEREAS, upon approaching Mr. Jackson's vehicle, Officer Cochran observed a child of approximately months of age occupying the front passenger seat unrestrained, and WHEREAS, Officer Cochran issued Mr. Jackson a citation for failure to properly restrain the child and informed him that he could not operate the vehicle with the child as a passenger until the child was properly restrained, and WHEREAS, Mr. Jackson attempted to use a pay telephone in the vicinity of the traffic stop in order to call someone to WHEREAS, Mr. Jackson moved his vehicle a short distance to a nearby parking lot where another pay telephone was locat ed, and as Mr. Jackson was walking toward the pay telephone, Officer Cochran pulled into the parking lot and told Mr. Jackson that he was under arrest, and WHEREAS, Mr. Jackson ran toward his vehicle, and Officer Cochran chased him with his firearm drawn, and WHEREAS, as Mr. Jackson sat, unarmed, in the driver seat of his vehicle with a-year-old child also sitting in the front seat, Officer Cochran discharged his firearm into the windshield of Mr. Jackson's vehicle, striking him in the neck, and WHEREAS, Mr. Jackson lost consciousness while behind the steering wheel of the vehicle, and the vehicle traveled over the median and across the roadway before coming to rest in an adjacent parking lot, and WHEREAS, the wound to Mr. Jackson's neck required medic al attention, and he was taken to Lakeland Regional Medical Center for treatment, and WHEREAS, Officer Cochran, while acting within the scope of his employment with the Lakeland Police Department, owed a duty to Mr. Jackson to conduct himself in a reasona ble manner, properly handle his firearm, and exercise reasonable care while drawing and discharging the weapon during his stop and arrest of WHEREAS, this breach of duty caused injury to Mr. Jackson's body and extremities which has caused him pain and suffering, emotional and mental anguish, and loss of enjoyment of life and for which he has incurred numerous medical expenses, and as such injury is permanent or continuing in nature, Mr. Jackson is expected to suffer these losses in the future, and WHEREAS, pursuant to a verdict rendered on February 25, 2009, Mr. Jackson was awarded the sum of $412,500 in damages, $100,000 of which was satisfied by the City of Lakeland pursuant to a final judgment entered on April 23, 2009, and the balance of which remains unsatisfied, NOW, THEREFORE, Be It Enacted by the Legisl ature of the State of Florida: Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The City of Lakeland is authorized and directed to appropriate from funds of the city not otherwise appropriated and to draw a warrant in the sum of $312,500 payable to Reginald Jackson as compensation for injuries and damages sustained as a result of the negligence of an employee of the City of Lakeland. HB 6517 2017 Section 3. The amount paid by the City of Lakeland pursuant to s. 768.28, Florida Statutes, and the amount 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 the preamble to this act which resulted in the injury to Reginald Jackson. The total amount paid for attorney fees, lobbying fees, costs, and similar expenses relating to this claim may not exceed percent of the total amount awarded under this act. Section 4. This act shall take effect upon beco ming a law.