HB 0793 2004
   
1 A bill to be entitled
2          An act for the relief of Stephen Hall; providing an
3    appropriation to compensate him for injuries sustained as
4    a result of the negligence of an employee of the
5    Department of Transportation; providing an effective date.
6         
7          WHEREAS, on June 30, 1997, Stephen Hall was a passenger in
8    a vehicle driven by his father, Edward Hall, traveling westbound
9    on State Road 500 in Brevard County, Florida, and
10          WHEREAS, David Eaker, an employee of the Department of
11    Transportation, was stopped on the north shoulder of State Road
12    500, headed in the same direction as the Hall vehicle, and
13          WHEREAS, as the Hall vehicle approached his vehicle, David
14    Eaker pulled into the path of the Hall vehicle, resulting in a
15    collision between the two vehicles, and
16          WHEREAS, Stephen Hall was injured and was transported by
17    ambulance to Holmes Regional Medical Center in Melbourne, where
18    he was treated for multiple traumatic injuries, including
19    multiple facial fractures and lacerations; multiple intra-oral
20    mucosal lacerations; and orthopedic injuries to his right arm
21    and shoulder, neck, and both knees, and
22          WHEREAS, as a result of the injuries, Stephen Hall was
23    subjected to multiple surgeries and physical therapy, will
24    likely need additional surgery for the injuries in the future,
25    missed 2 years of school, has suffered from mood swings and
26    depression, and has permanent facial disfigurement and
27    continuing problems as a result of the injuries, and
28          WHEREAS, Stephen Hall's medical expenses total $51,586.81
29    to date, and
30          WHEREAS, David Eaker was determined to be at fault and was
31    charged with failure to yield the right-of-way, and
32          WHEREAS, the Halls filed suit in the Eighteenth Judicial
33    Circuit, in and for Brevard County, against the Department of
34    Transportation in case number 05-2001-CA-006293, and
35          WHEREAS, the parties mediated the case and reached a
36    settlement of all claims, and
37          WHEREAS, the parties entered into a settlement agreement in
38    which the Department of Transportation admitted liability and
39    agreed to the entry of a consent judgment in the amount of
40    $500,000, and
41          WHEREAS, the Department of Transportation has previously
42    paid $112,000 to the claimant and agreed to affirmatively
43    support a claim bill in the amount of $388,000, NOW, THEREFORE,
44         
45          Be It Enacted by the Legislature of the State of Florida:
46         
47          Section 1. The facts stated in the preamble to this act
48    are found and declared to be true.
49          Section 2. The sum of $388,000 is appropriated from the
50    General Revenue Fund to the Department of Transportation for the
51    relief of Stephan Hall for injuries and damages sustained.
52          Section 3. The Chief Financial Officer is directed to draw
53    a warrant in favor of Stephen Hall in the sum of $388,000, upon
54    funds of the Department of Transportation in the State Treasury
55    and the Chief Financial Officer is directed to pay the same out
56    of funds in the State Treasury.
57          Section 4. This act shall take effect upon becoming a law.