House Bill 0185c1
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Florida House of Representatives - 2000 CS/HB 185
By the Committee on Claims and Representative Sembler
1 A bill to be entitled
2 An act for the relief of Elizabeth Schnell and
3 Frederick Schnell; providing an appropriation
4 to compensate them for injuries and damages
5 sustained as a result of the negligence of the
6 Department of Highway Safety and Motor
7 Vehicles; providing for a reversion to the
8 General Revenue Fund of the State of Florida
9 under specified conditions; providing an
10 effective date.
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12 WHEREAS, at 7:15 a.m. on January 25, 1997, Frederick
13 Schnell was operating his motor vehicle, in which his wife
14 Elizabeth Schnell was a passenger, westbound on State Road 60
15 approximately 1 mile west of Interstate 95 in Indian River
16 County, and
17 WHEREAS, Mr. Schnell was traveling at the posted speed
18 limit of 55 miles per hour, and
19 WHEREAS, Trooper Wayne Titus was traveling eastbound on
20 State Road 60 and, for unknown reasons, Trooper Titus abruptly
21 changed lanes and collided head-on with the Schnell vehicle,
22 and
23 WHEREAS, Trooper Titus was traveling approximately 71
24 miles per hour at the point of impact, and
25 WHEREAS, the circuit court judge ruled as a matter of
26 law that the Department of Highway Safety and Motor Vehicles
27 was responsible for Mr. and Mrs. Schnell's injuries and
28 damages, and
29 WHEREAS, Mr. Schnell suffered extensive physical
30 injuries, and
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Florida House of Representatives - 2000 CS/HB 185
176-152-00
1 WHEREAS, Mr. Schnell continued medical treatment for
2 his physical injuries through April 21, 1997, then
3 discontinued treatment because of the necessity to be with his
4 wife, and
5 WHEREAS, Mr. Schnell has undergone, and continues to
6 undergo, psychiatric treatment and counseling for a permanent
7 psychiatric injury resulting from the accident, and
8 WHEREAS, Mrs. Schnell was transported by helicopter
9 from the scene of the accident to Holmes Regional Medical
10 Center in Melbourne, where she underwent emergency, lifesaving
11 surgery to ameliorate a catastrophic brain injury sustained in
12 the accident, and she subsequently underwent four additional
13 surgeries during her hospitalization, and
14 WHEREAS, on March 3, 1997, Mrs. Schnell, who was
15 semicomatose, was transferred to Orlando Regional Medical
16 Center, Sandlake Hospital, and
17 WHEREAS, at Sandlake Hospital, Mrs. Schnell began
18 speech, occupational, and physical therapy and underwent
19 another major surgical procedure, and
20 WHEREAS, while hospitalized in Orlando, Mrs. Schnell
21 was declared by the court to be an incapacitated person, and
22 her husband was appointed her legal guardian, and
23 WHEREAS, on June 24, 1997, Mrs. Schnell was transferred
24 to Healthsouth Treasure Coast Rehabilitation Hospital in Vero
25 Beach and was later transferred to Florida Institute for
26 Neurologic Rehabilitation in Wauchula, Florida, and
27 WHEREAS, she presently requires care 24 hours a day,
28 must use a wheelchair, has paralysis of her right side, has
29 moderate loss of her short-term memory, and requires
30 assistance in all her daily activities, and
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Florida House of Representatives - 2000 CS/HB 185
176-152-00
1 WHEREAS, Mrs. Schnell's doctors and case managers
2 recommend that, upon discharge from the Florida Institute, she
3 be transferred to the home environment and cared for there,
4 with the aid of attendants and residential services, and
5 continual lifetime speech, occupational, and physical
6 therapies, and
7 WHEREAS, before the accident, Mrs. Schnell was a
8 41-year-old attorney who also had a bachelor's degree and one
9 master's degree, and was working toward a second master's
10 degree, and
11 WHEREAS, after 7 days of trial, a jury awarded Mrs.
12 Schnell $875,446 for past medical bills and lost wages,
13 $9,331,774 for future medical bills and lost wages, $1 million
14 for past pain and suffering, and $5 million for future pain
15 and suffering, for a total award of $16,207,220, and
16 WHEREAS, the jury also awarded Mr. Schnell $41,159 for
17 past medical bills and lost wages and $4,171 for future lost
18 wages, $500,000 for past pain and suffering and $1 million for
19 future pain and suffering, and damages for the loss of his
20 wife's consortium in the amount of $500,000 for past loss and
21 $1 million for the future, for a total award of $3,045,330,
22 and
23 WHEREAS, after the jury's verdict was entered, the
24 trial judge ordered a remittitur, reducing the award to Mrs.
25 Schnell to $14,784,089 and reducing the award to Mr. Schnell
26 to $2,227,468.84, and
27 WHEREAS, the Department of Highway Safety and Motor
28 Vehicles has paid a total of $200,000 to the claimants under
29 section 768.28, Florida Statutes, Florida's sovereign immunity
30 law, and
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Florida House of Representatives - 2000 CS/HB 185
176-152-00
1 WHEREAS, after final judgment was entered, the parties
2 agreed to settle all outstanding claims in this matter for
3 $9,750,000, to be paid to the claimants pursuant to a claim
4 bill, and
5 WHEREAS, the $9,750,000 settlement amount will be
6 apportioned as follows: for Elizabeth Schnell in the amount
7 of $8,473,349.07 and for Frederick Schnell in the amount of
8 $1,276,650.93, and
9 WHEREAS, the Legislature has generally favored
10 structured payments and guaranteed term annuities in large
11 claims and in claims on behalf of those who have suffered
12 serious or permanent injuries that are likely to require
13 substantial or long-term medical care, NOW, THEREFORE,
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. The facts stated in the preamble to this
18 act are found and declared to be true.
19 Section 2. The sum of $8,473,349.07 is appropriated
20 out of the funds in the State Treasury to the credit of the
21 Department of Highway Safety and Motor Vehicles to be paid to
22 Elizabeth Schnell as relief for her losses. After the payment
23 of fees and costs, medical bills, and other immediate needs,
24 the remaining proceeds shall be used to purchase an
25 appropriate structured financial plan to ensure the continued
26 medical care of Mrs. Schnell. In the event of Mrs. Schnell's
27 death within 20 years of the date of the enactment of this
28 bill, the residual moneys in the structured financial plan
29 shall revert to the General Revenue Fund of the State of
30 Florida. If Mrs. Schnell's death occurs after 20 years of the
31 date of the enactment of this bill, then the residual moneys
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Florida House of Representatives - 2000 CS/HB 185
176-152-00
1 in the structured financial plan shall inure to the benefit of
2 Mrs. Schnell's estate. In the event Mrs. Schnell dies prior
3 to 20 years from the date of the enactment of this bill, then
4 her estate shall be entitled to 2 additional years of payments
5 pursuant to the structured financial plan.
6 Section 3. The sum of $1,276,650.93 is appropriated
7 out of the State Treasury to the credit of the Department of
8 Highway Safety and Motor Vehicles to be paid to Frederick
9 Schnell as relief for his losses.
10 Section 4. The Comptroller is directed to draw a
11 warrant in favor of Elizabeth Schnell in the sum of
12 $8,473,349.07 and to draw a warrant in favor of Frederick
13 Schnell, in the sum of $1,276,650.93, upon funds in the State
14 Treasury to the credit of the Department of Highway Safety and
15 Motor Vehicles, and the State Treasurer is directed to pay the
16 same out of such funds.
17 Section 5. This act shall take effect upon becoming a
18 law.
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