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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