Florida Senate - 2016                              (NP)    SB 28
       By Senator Diaz de la Portilla
       40-00156-16                                             201628__
    1                        A bill to be entitled                      
    2         An act for the relief of Thomas and Karen Brandi by
    3         Haines City; providing an appropriation to compensate
    4         them for injuries and damages sustained as a result of
    5         the negligence of an employee of Haines City;
    6         providing that the appropriation settles all present
    7         and future claims relating to the injuries and damages
    8         sustained by Thomas and Karen Brandi; providing a
    9         limitation on the payment of fees and costs; providing
   10         an effective date.
   12         WHEREAS, on March 26, 2005, Thomas Brandi was traveling
   13  alone when he was involved in a two-vehicle accident on U.S.
   14  Highway 27 in Haines City, and
   15         WHEREAS, Thomas Brandi was turning onto U.S. Highway 27
   16  from Southern Dunes Boulevard on a green arrow when his vehicle
   17  was broadsided on the driver’s side by a car operated by Officer
   18  Pamela Graham, an employee of the Haines City Police Department,
   19  and
   20         WHEREAS, Officer Graham entered the intersection on a red
   21  light and struck the driver’s side door of Mr. Brandi’s vehicle
   22  at a speed in excess of 45 miles per hour, and
   23         WHEREAS, although Officer Graham claimed that she was
   24  responding to a distress call, there was no evidence to support
   25  her claim, and the internal investigation conducted by the
   26  Haines City Police Department concluded that she was not called
   27  or dispatched to the location where she was headed, and
   28         WHEREAS, the internal investigation found that Officer
   29  Graham failed to operate her vehicle in a reasonably safe manner
   30  and conducted herself in direct violation of procedures of the
   31  Haines City Police Department, and
   32         WHEREAS, the internal investigation found Officer Graham to
   33  be at fault in the accident, and
   34         WHEREAS, as a result of the crash, Thomas Brandi sustained
   35  life-threatening injuries, including an aortic arch tear with
   36  contained hematoma and suggestion of active bleeding, a
   37  fractured rib, a right fibula fracture, a fractured sternum, a
   38  left acetabulum fracture, multiple right inferior pubic ramus
   39  fractures, and severe traumatic brain injury resulting in
   40  cognitive disorder, complex personality change, depressive
   41  disorder, pain disorder, post-traumatic stress disorder, and
   42  panic disorder, and
   43         WHEREAS, Thomas Brandi’s medical expenses at the time of
   44  trial exceeded $156,000, and
   45         WHEREAS, after a trial, a jury entered a verdict assessing
   46  Haines City 60 percent liable for the injuries sustained by Mr.
   47  Brandi in the accident and assessing Thomas Brandi 40 percent
   48  liable, and
   49         WHEREAS, future medical expenses and lost earning ability
   50  in the future totaled $903,000, and the verdict included an
   51  award for past medical expenses and lost wages in the amount of
   52  $279,330, and
   53         WHEREAS, Thomas Brandi was awarded $450,000 in damages for
   54  past and future pain and suffering, and his wife, Karen Brandi,
   55  was awarded $175,000 in damages for past and future loss of
   56  consortium, and
   57         WHEREAS, after reduction for comparative negligence, the
   58  net award to Thomas and Karen Brandi was $1,084,396, and
   59         WHEREAS, a stipulated cost judgment in the amount of
   60  $94,049 was entered by the trial court against Haines City, and
   61         WHEREAS, Thomas Brandi’s medical expenses as of August 1,
   62  2011, were $167,330, and, as a result of these expenses, Aetna
   63  Health, Inc., has a lien on any recovery in this matter in the
   64  amount of $78,109, and
   65         WHEREAS, the city of Haines City has paid $200,000 to
   66  Thomas and Karen Brandi in satisfaction of sovereign immunity
   67  limits under s. 768.28, Florida Statutes, and
   68         WHEREAS, Thomas Brandi received a payment of $100,000 from
   69  his uninsured motorist insurance coverage, 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
   74  found and declared to be true.
   75         Section 2. Haines City is authorized and directed to
   76  appropriate from funds of the city not otherwise appropriated
   77  and to draw a warrant in the sum of $825,094, payable to Thomas
   78  Brandi and his wife, Karen Brandi, as compensation for injuries
   79  and damages sustained as a result of the negligence of an
   80  employee of Haines City.
   81         Section 3. The amount paid pursuant to s. 768.28, Florida
   82  Statutes, and the amount awarded under this act are intended to
   83  provide the sole compensation for all present and future claims
   84  arising out of the factual situation described in this act which
   85  resulted in the injuries and damages to Thomas and Karen Brandi.
   86  The total amount paid for attorney fees, lobbying fees, costs,
   87  and other similar expenses relating to this claim may not exceed
   88  25 percent of the total amount awarded under this act.
   89         Section 4. This act shall take effect upon becoming a law.