SENATE AMENDMENT
    Bill No. SB 36   Barcode 412308
    Amendment No. 1
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Finance and Taxation recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Halifax Hospital Medical Center, a special
19  taxing district in Volusia County d/b/a Halifax Medical
20  Center, is authorized and directed to appropriate from funds
21  of the medical center not otherwise appropriated and to draw
22  warrants payable as follows:
23         (1)  To Steven Mitchell in the amount of $15,000 per
24  month into a Special Needs Trust for the remainder of his life
25  to compensate him for injuries and damages he sustained, which
26  will be administered based upon his needs;
27         (2)  To Steven Mitchell in the amount of $50,000 into
28  the Special Needs Trust;
29         (3)  To claimant's attorneys, Searcy, Denney, Scarola,
30  Barnhart & Shipley, P.A., in the amount of $625,000 as payment
31  of attorney's fees; and
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    9:11 AM   04/04/01                                 s0036.ft.01

SENATE AMENDMENT Bill No. SB 36 Barcode 412308 Amendment No. 1 1 (4) To claimant's attorneys in the amount of $200,000 2 as payment of costs incurred. 3 Section 2. This act shall take effect upon becoming a 4 law. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 Delete everything before the enacting clause 10 11 and insert: 12 A bill to be entitled 13 An act relating to Halifax Hospital Medical 14 Center, a special taxing district in Volusia 15 County d/b/a Halifax Medical Center; providing 16 for the relief of Steven Mitchell; authorizing 17 and directing Halifax Hospital Medical Center 18 to compensate Mr. Mitchell for personal 19 injuries that he suffered while at Halifax 20 Medical Center; providing an effective date. 21 22 WHEREAS, on March 8, 1995, Steven Mitchell, who had 23 traveled from his home in Nashville, Tennessee, to Daytona 24 Beach to attend bike week, was riding his Harley Davidson 25 northbound on County Road 415 in West Volusia County when a 26 motorist pulled out of a side road immediately into Mr. 27 Mitchell's path, causing an accident, and 28 WHEREAS, emergency medical personnel stabilized Mr. 29 Mitchell's neck appropriately and transported him to Halifax 30 Hospital's emergency room, where he was diagnosed, treated, 31 and released, and 2 9:11 AM 04/04/01 s0036.ft.01
SENATE AMENDMENT Bill No. SB 36 Barcode 412308 Amendment No. 1 1 WHEREAS, by the next day, Mr. Mitchell was experiencing 2 respiratory problems and severe pain and could not move his 3 legs, and 4 WHEREAS, after he was subsequently readmitted to the 5 emergency department, it was immediately determined that his 6 spinal cord had been damaged so as to cause quadriplegia, and 7 WHEREAS, Steven Mitchell currently resides in Tennessee 8 and is in need of significant care and medical equipment and 9 24-hour-a-day attendant care, and 10 WHEREAS, a lawsuit was filed against the Halifax 11 Hospital Medical Center, alleging that the negligence of 12 hospital employees caused or contributed to the injuries to 13 Steven Mitchell, and 14 WHEREAS, after years of litigation but prior to trial, 15 the parties began settlement negotiations in an effort to 16 resolve this matter, and 17 WHEREAS, the parties have reached an agreement whereby 18 the Halifax Hospital Medical Center denies liability but would 19 pay a sum that has a present value total of $2,500,000 to 20 resolve this claim as outlined herein, and 21 WHEREAS, the agreement between the parties has been 22 reviewed and approved by the circuit court, and 23 WHEREAS, pursuant to the agreement and in accordance 24 with the limits set forth in section 768.28, Florida Statutes, 25 the Halifax Hospital Medical Center has paid Steven Mitchell 26 and his emancipated daughter $200,000, leaving a total of 27 $2,300,000 to be paid pursuant to a claim bill, NOW, 28 THEREFORE, 29 30 31 3 9:11 AM 04/04/01 s0036.ft.01