House Bill hb0227c1

    Florida House of Representatives - 2002              CS/HB 227

        By the Committee on Claims and Representative Stansel






  1                      A bill to be entitled

  2         An act for the relief of Patsy Baucco;

  3         providing an appropriation to compensate her

  4         for injuries and damages she sustained as a

  5         result of the negligence of a Department of

  6         Transportation employee; providing an effective

  7         date.

  8

  9         WHEREAS, on or about April 27, 1998, at approximately

10  12:54 p.m., Valentino Baucco, with his wife Patsy as his

11  passenger, was driving south on State Road 93 (also known as

12  I-75) in Ocala, Florida, when a Department of Transportation

13  vehicle struck their vehicle, and

14         WHEREAS, the DOT vehicle, driven by a departmental

15  employee, had been stopped on the far right shoulder of the

16  road, known as the emergency lane, and

17         WHEREAS, the DOT vehicle traveled from the far right

18  shoulder across three southbound lanes, perpendicular to

19  oncoming traffic, in an effort to reach a cut-through to make

20  a U-turn and proceed in the opposite, or northbound, direction

21  on State Road 93, and

22         WHEREAS, as the DOT driver pulled into the third

23  southbound lane, he hit the right front door and right front

24  fender of the Bauccos' vehicle as it continued traveling in

25  the left lane, and

26         WHEREAS, the driver of the DOT vehicle admits that he

27  never saw the Baucco vehicle until he hit it, and he also

28  admits that he was performing an improper traffic maneuver

29  when he hit the plaintiffs, and

30

31

                                  1

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






    Florida House of Representatives - 2002              CS/HB 227

    176-169-02






  1         WHEREAS, the crash caused both vehicles to go out of

  2  control and spin on the highway, and Mrs. Baucco sustained

  3  serious, permanent injuries, and

  4         WHEREAS, the Florida Highway Patrol charged the DOT

  5  employee with improper lane change, and

  6         WHEREAS, Mrs. Baucco received serious and significant

  7  bodily injury as a result of the accident: she lost

  8  four-fifths of her blood; she wore a Foley catheter for 3

  9  months and now is incontinent; she had four fractures of her

10  pelvis, several breaks of her right wrist, a highly comminuted

11  fracture of her right femur, a highly comminuted fracture of

12  her left tibia, a highly comminuted fracture of her left

13  fibula, a highly comminuted fracture of her right fibula, a

14  highly comminuted fracture of her right tibia, a highly

15  comminuted fracture of her big toe, and a significant fracture

16  of her left ring finger; and she has endured seven surgeries

17  and is expected to need one or two more surgeries for a

18  left-knee replacement and a right-hip replacement, and

19         WHEREAS, Mr. Baucco is now caring for his wife and

20  doing most of the household work that Mrs. Baucco did before

21  the accident, and

22         WHEREAS, Mrs. Baucco has $145,428.74 in past medical

23  bills, and a life-care plan drawn for her projects, in present

24  value, a lifetime cost of between $270,986 and $485,197 for

25  her medical care, and

26         WHEREAS, litigation relating to these injuries was

27  pursued, and, upon the filing of a motion for summary

28  judgment, the Department of Transportation stipulated as to

29  its liability, and

30

31

                                  2

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






    Florida House of Representatives - 2002              CS/HB 227

    176-169-02






  1         WHEREAS, on December 7, 2000, a mutually agreed-upon

  2  mediation was held to determine the amount of damages, and a

  3  settlement in the amount of $750,000 was reached, and

  4         WHEREAS, the Department of Transportation agreed to

  5  pay, on or about December 27, 2000, the sum of $200,000, the

  6  limit payable under s. 768.28, Florida Statutes, and

  7         WHEREAS, the department has agreed to affirmatively

  8  support a claim bill for the remaining sum of $550,000, NOW,

  9  THEREFORE,

10

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

12

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

14  act are found and declared to be true.

15         Section 2.  There is appropriated from the General

16  Revenue Fund to the Department of Transportation the sum of

17  $550,000, which amount includes statutory attorney's fees and

18  costs, for the relief of Patsy Baucco for injuries and damages

19  sustained.

20         Section 3.  The Comptroller is directed to draw a

21  warrant in favor of Patsy Baucco in the sum of $550,000 upon

22  funds of the State Transportation (Primary) Trust Fund in the

23  State Treasury, and the State Treasurer is directed to pay the

24  same out of such funds in the State Treasury.

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

26  law.

27

28

29

30

31

                                  3

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






    Florida House of Representatives - 2002              CS/HB 227

    176-169-02






  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides an appropriation to Department of Transportation
  4    to compensate Patsy Baucco for injuries and damages she
      sustained as a result of the negligence of an employee of
  5    the department.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

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