Senate Bill sb0012

    Florida Senate - 2001        (NP)                        SB 12

    By Senator Klein





    28-27A-01

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; providing for the relief of

  4         Russell Allen; providing for an appropriation

  5         to compensate him for injuries sustained as a

  6         result of the negligence of the department;

  7         providing an effective date.

  8

  9         WHEREAS, on the morning of March 27, 1997, 37-year-old

10  Russell Allen was operating a motor scooter in West Palm

11  Beach, traveling west on Pershing Way, and

12         WHEREAS, while riding his motor scooter in a lawful

13  manner, Russell Allen stopped at the stop sign at the

14  intersection of U.S. 1 and then turned to proceed south on

15  U.S. 1, which was marked as a one-way street going south, and

16         WHEREAS, while Russell Allen was making his turn,

17  another vehicle, which was traveling illegally in the wrong

18  direction on the one-way street, struck Russell Allen's motor

19  scooter at a speed of approximately 35 mph, and

20         WHEREAS, the impact of the crash threw Russell Allen

21  onto the hood, windshield, and top of the car, from which he

22  was then thrown 20 feet, and

23         WHEREAS, although Russell Allen was wearing his helmet,

24  he still suffered extensive injuries, including a closed head

25  injury, a ruptured spleen, numerous broken bones throughout

26  his chest, and a severe spinal fracture that has caused him to

27  be permanently paralyzed from the mid-chest down, and

28         WHEREAS, not only is Russell Allen a permanent

29  paraplegic with no sexual functioning and no hope of having a

30  family of his own, but he also suffers from debilitating pain

31  and must take the strongest narcotic pain relievers daily, he

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001        (NP)                        SB 12
    28-27A-01




  1  has measurable cognitive deficits as a result of his closed

  2  head injury, he will require several future operations, and he

  3  will require attendant care for the rest of his life, and

  4         WHEREAS, although Russell Allen was an athletic and

  5  well-liked person who was involved in church and community

  6  activities before the accident, he is now clinically

  7  depressed, has lost his network of friends, is unable to work,

  8  and cannot contribute to his community, and

  9         WHEREAS, Russell Allen's past medical expenses exceed

10  $300,000, and he will require continual supervision from

11  several medical specialists for the rest of his life, and

12         WHEREAS, experts have concluded that, although Russell

13  Allen has a normal life expectancy, he is unemployable and

14  suffers future economic losses in the amount of $5,023,239,

15  which includes a loss of earning capacity of $1,265,000, and

16         WHEREAS, there is no dispute that the Department of

17  Transportation was responsible for the signage on U.S. 1 at or

18  near the location of the accident and that, in 1989, the

19  department changed a 1.2-mile strip of U.S. 1 from a two-lane

20  road going north and south to a one-way road heading south

21  only, and

22         WHEREAS, when the two-way road was changed to a one-way

23  road, no barriers or other devices were erected at the

24  commencement of the new 1.2-mile one-way strip in order to

25  prohibit motorists previously traveling north on U.S. 1 from

26  entering the southbound lane, and

27         WHEREAS, no prior signs, rumble strips, or other

28  warnings were in place to alert motorists heading north on

29  U.S. 1 that the two-way road on which they were driving was

30  about to become a one-way road heading south, and

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001        (NP)                        SB 12
    28-27A-01




  1         WHEREAS, the intersection markings were totally

  2  inadequate and failed to warn motorists that the two-way road

  3  was changing to a one-way road, and

  4         WHEREAS, although a "do not enter" sign was erected at

  5  the intersection by the Department of Transportation, the

  6  department's own design specifications for the placement of

  7  the sign were not followed, which resulted in confusion and

  8  allowed drivers to travel the wrong way, and

  9         WHEREAS, a lawsuit was filed against the Department of

10  Transportation which resulted in a 2-week jury trial that

11  concluded on July 21, 1999, and

12         WHEREAS, during the trial, numerous local residents and

13  business owners testified that for many years they had

14  observed motor vehicles going the wrong way on U.S. 1 and

15  either crashing or swerving to avoid collisions, sometimes at

16  a rate of three to four wrong-way vehicles an hour, and

17         WHEREAS, the officer who investigated this accident was

18  nearly struck going south when a vehicle came through the

19  intersection going north, and

20         WHEREAS, at the conclusion of the trial, the jury

21  entered a verdict in the total amount of $7 million,

22  determining that the Department of Transportation was 67 per

23  cent at fault for the accident and that the motorist who was

24  going the wrong way was 33 percent at fault, and

25         WHEREAS, on July 21, 1999, a final judgment was entered

26  in favor of Russell Allen against the Department of

27  Transportation in the amount of $4,690,000, and

28         WHEREAS, after the department has paid $100,000

29  pursuant to the limits on waiver of sovereign immunity set

30  forth in section 768.28, Florida Statutes, the remaining

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001        (NP)                        SB 12
    28-27A-01




  1  excess-judgment amount owed will be $4,590,000, NOW,

  2  THEREFORE,

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  The facts stated in the preamble to this

  7  act are found and declared to be true.

  8         Section 2.  The sum of $4,590,000 is appropriated out

  9  of funds in the State Treasury to the credit of the Department

10  of Transportation to be paid to Russell Allen as relief for

11  his losses.

12         Section 3.  The Comptroller is directed to draw a

13  warrant in favor of Russell Allen in the sum of $4,590,000

14  upon funds in the State Treasury to the credit of the

15  Department of Transportation, and the State Treasurer is

16  directed to pay the same out of such funds. After payment of

17  attorney's fees and costs, the balance of the moneys shall be

18  used for the future medical, rehabilitative, and life-care

19  needs of Russell Allen.

20         Section 4.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          SENATE SUMMARY

25    Provides an appropriation for the relief of Russell Allen
      for injuries and damages sustained as a result of the
26    negligence of the Department of Transportation.

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.