Florida Senate - 2017 (NP) CS for SB 36
By the Committee on Judiciary; and Senator Montford
590-01954-17 201736c1
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 her for injuries and
5 damages sustained as a result of the negligence of an
6 employee of the Pasco County Sheriff’s Office;
7 providing a limitation on the payment of attorney
8 fees; providing an effective date.
9
10 WHEREAS, in the early morning of January 3, 2005, 21-year
11 old Jennifer Wohlgemuth was lawfully and properly operating her
12 vehicle and traveling southbound on Regency Park Boulevard, and
13 WHEREAS, at the same time, Deputy Kenneth Petrillo, an
14 officer of the Pasco County Sheriff’s Office, was driving one of
15 four law enforcement vehicles engaged in a high-speed pursuit,
16 and
17 WHEREAS, Deputy Petrillo’s vehicle was traveling eastbound
18 on Ridge Road, well behind the other law enforcement vehicles,
19 which had already cleared the intersection of Ridge Road and
20 Regency Park Boulevard in Pasco County, and
21 WHEREAS, Deputy Petrillo did not activate his vehicle’s
22 siren or flashing lights and sped through the intersection on a
23 red light at a speed of at least 20 miles per hour over the
24 posted speed limit, and
25 WHEREAS, Deputy Petrillo’s vehicle violently struck the
26 passenger side of Jennifer Wohlgemuth’s vehicle as she entered
27 the intersection on a green light while observing the speed
28 limit, and
29 WHEREAS, none of the numerous witnesses to the crash heard
30 Deputy Petrillo’s siren or saw flashing lights, and
31 WHEREAS, after the crash, Deputy Petrillo’s siren switch
32 was found to be in the radio mode, which indicates that the
33 siren was not activated at the time of the crash, and
34 WHEREAS, an internal affairs investigation of the accident
35 found that Deputy Petrillo violated the policies of the Pasco
36 County Sheriff’s Office, and he was suspended for 30 days
37 without pay and subjected to other disciplinary measures, and
38 WHEREAS, as a result of the accident, Jennifer Wohlgemuth
39 was in a coma for 3 weeks, was unable to speak for several
40 months after emerging from the coma, and did not return home
41 until August 2005, and
42 WHEREAS, Jennifer Wohlgemuth suffered profound brain
43 injuries, including a subdural hematoma of the right frontal
44 lobe and subarachnoid hemorrhage that resulted in the removal of
45 a portion of her skull, and
46 WHEREAS, due to the damage to her frontal lobe, Jennifer
47 Wohlgemuth’s behavior and impulse control are similar to those
48 of a 10-year-old child and require that she be supervised 24
49 hours a day, 7 days a week, and
50 WHEREAS, Jennifer Wohlgemuth currently suffers from severe
51 memory loss, partial loss of vision, lack of balance, urinary
52 problems, anxiety, depression, dysarthric speech, acne, and
53 weight fluctuations, and
54 WHEREAS, as a result of her significant memory impairment
55 and lack of judgment, Jennifer Wohlgemuth is unable to drive,
56 work at a job, or live independently and is under the
57 guardianship of Traci Wohlgemuth, and
58 WHEREAS, a 3-day bench trial was held in the Sixth Judicial
59 Circuit in the case of Traci Wohlgemuth, as guardian of Jennifer
60 K. Wohlgemuth, an incompetent, v. Robert White, as Sheriff of
61 Pasco County, Florida, which was assigned case number 51-2007
62 CA-000859, and on March 12, 2009, the trial court rendered a
63 verdict in Jennifer Wohlgemuth’s favor, awarding her total
64 damages of $9,141,267.32, and
65 WHEREAS, the trial court found that Deputy Petrillo was 95
66 percent responsible for Jennifer Wohlgemuth’s injuries and that
67 Ms. Wohlgemuth was responsible for the remaining 5 percent due
68 to her alleged failure to wear a seat belt, and
69 WHEREAS, on August 4, 2009, the trial court entered its
70 amended final judgment in the amount of $8,724,754.40, and
71 WHEREAS, the Pasco County Sheriff’s Office appealed the
72 amended final judgment to the Second District Court of Appeal,
73 and the appellate court affirmed the trial court’s final
74 judgment on March 10, 2010, and
75 WHEREAS, in accordance with s. 768.28, Florida Statutes,
76 the Pasco County Sheriff’s Office paid the statutory limit of
77 $100,000, and the remaining amount of $8,624,754.40 remains
78 unpaid, and
79 WHEREAS, the Pasco County Sheriff’s Office and Jennifer
80 Wohlgemuth have since entered into a settlement agreement
81 regarding the unpaid amount, with the sheriff’s office promising
82 to make annual payments to Ms. Wohlgemuth and agreeing not to
83 oppose this claim bill, NOW, THEREFORE,
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. The facts stated in the preamble to this act are
88 found and declared to be true.
89 Section 2. The Pasco County Sheriff’s Office is authorized
90 and directed to appropriate from funds of the sheriff’s office
91 and to pay Jennifer Wohlgemuth the settlement amount of $2.6
92 million as compensation for injuries and damages sustained due
93 to the negligence of an employee of the sheriff’s office.
94 Payment shall be made in the amount of $325,000 per year for 8
95 consecutive years. The first payment must be made no later than
96 October 31, 2017. Payments must be made by October 31 each
97 subsequent year until paid in full. However, if Jennifer
98 Wohlgemuth dies before October 31, 2024, payments shall cease
99 with her death and the award under this act shall be deemed paid
100 in full.
101 Section 3. The amount paid by the Pasco County Sheriff’s
102 Office under s. 768.28, Florida Statutes, and the amount awarded
103 under this act are intended to provide the sole compensation for
104 all present and future claims arising out of the factual
105 situation described in this act which resulted in the injuries
106 and damages to Jennifer Wohlgemuth. The total amount paid for
107 attorney fees relating to this claim may not exceed 25 percent
108 of the amount awarded under this act.
109 Section 4. This act shall take effect upon becoming a law.