Florida Senate - 2014 (NP) SB 22 By Senator Montford 3-00105-14 201422__ 1 A bill to be entitled 2 An act for the relief of Jennifer Wohlgemuth by the 3 Pasco County Sheriff’s Office; providing for an 4 appropriation to compensate Jennifer Wohlgemuth, whose 5 injuries were due to the negligence of an employee of 6 the Pasco County Sheriff’s Office; providing a 7 limitation on the payment of fees and costs; providing 8 an effective date. 9 10 WHEREAS, in the early morning of January 3, 2005, Deputy 11 Kenneth Petrillo was driving one of four law enforcement 12 vehicles engaged in a high-speed pursuit, and 13 WHEREAS, Deputy Petrillo’s vehicle was well behind the 14 other vehicles, which had already cleared the intersection of 15 Ridge Road and Regency Park Boulevard in Pasco County, and 16 WHEREAS, Deputy Petrillo, who did not activate his 17 vehicle’s siren or flashing lights, sped through the 18 intersection on a red light at a speed of more than 20 miles per 19 hour faster than the posted speed limit while traveling 20 eastbound on Ridge Road, and 21 WHEREAS, Deputy Petrillo’s vehicle violently struck the 22 passenger side of Jennifer Wohlgemuth’s vehicle as she entered 23 the intersection on a green light while observing the speed 24 limit, driving appropriately, and traveling southbound on 25 Regency Park Boulevard, and 26 WHEREAS, none of the numerous witnesses to the crash heard 27 Deputy Petrillo’s siren or saw flashing lights, and after the 28 crash Deputy Petrillo’s siren switch was in the radio mode, 29 which indicates that the siren was not activated at the time of 30 the crash, and 31 WHEREAS, an internal affairs investigation into the 32 accident found that Deputy Petrillo violated the policies of the 33 Pasco County Sheriff’s Office, and he was suspended for 30 days 34 without pay and subjected to other disciplinary measures, and 35 WHEREAS, as a result of the accident, 21-year-old Jennifer 36 Wohlgemuth was in a coma for 3 weeks, was unable to speak for 37 several months thereafter, and did not return home until August 38 2005, and 39 WHEREAS, Jennifer Wohlgemuth also suffered profound brain 40 injuries, including a subdural hematoma of the right frontal 41 lobe and subarachnoid hemorrhage that resulted in removal of a 42 portion of her skull, and 43 WHEREAS, due to the damage to her frontal lobe, Jennifer 44 Wohlgemuth’s behavior and impulse control are similar to those 45 of a 7-year-old child and require that she be supervised 24 46 hours a day, 7 days a week, and 47 WHEREAS, Jennifer Wohlgemuth currently suffers from severe 48 memory loss, partial loss of vision, lack of balance, urinary 49 problems, anxiety, depression, dysarthric speech, acne, and 50 weight fluctuations, and 51 WHEREAS, as a result of her significant memory impairment 52 and lack of judgment, Jennifer Wohlgemuth is unable to drive, 53 work at a job, or live independently, and 54 WHEREAS, a 3-day bench trial was held in the Sixth Judicial 55 Circuit, and on March 12, 2009, the trial court rendered a 56 verdict in Jennifer Wohlgemuth’s favor, awarding total damages 57 of $9,141,267.32, and 58 WHEREAS, the court found that Deputy Petrillo was 95 59 percent responsible for Jennifer Wohlgemuth’s injuries and that 60 Jennifer was responsible for the remaining 5 percent due to her 61 alleged failure to wear a seat belt, and 62 WHEREAS, on August 4, 2009, the trial court entered its 63 amended final judgment in the amount of $8,724,754.40, and 64 WHEREAS, the Pasco County Sheriff’s Office appealed the 65 amended final judgment to the Second District Court of Appeal, 66 and the appellate court affirmed the trial court’s final 67 judgment on March 10, 2010, and 68 WHEREAS, according to s. 768.28, Florida Statutes, the 69 Pasco County Sheriff’s Office paid the statutory limit of 70 $100,000, and $8,624,754.40 remains unpaid, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. The facts stated in the preamble to this act are 75 found and declared to be true. 76 Section 2. The Pasco County Sheriff’s Office is authorized 77 and directed to appropriate from funds of the sheriff’s office 78 not otherwise appropriated and to draw a warrant, payable to 79 Jennifer Wohlgemuth, for the amount of $8,624,754.40 for 80 injuries and damages sustained due to the negligence of an 81 employee of the sheriff’s office. 82 Section 3. The amount paid by the Pasco County Sheriff’s 83 Office pursuant to s. 768.28, Florida Statutes, and the amount 84 awarded under this act are intended to provide the sole 85 compensation for all present and future claims arising out of 86 the factual situation described in this act which resulted in 87 the injuries to Jennifer Wohlgemuth. The total amount paid for 88 attorney fees, lobbying fees, costs, and other similar expenses 89 relating to this claim may not exceed 25 percent of the amount 90 awarded under this act. 91 Section 4. This act shall take effect upon becoming a law.