HB 1405

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 Executive Office of the Governor is
50	directed to establish spending authority from unappropriated
51	trust fund balances in the Department of Transportation in the
52	amount of $388,000 to a new category titled "Relief: Stephen
53	Hall" as relief for injuries and damages sustained, which amount
54	includes attorney's fees and costs.
55	Section 3.  The Chief Financial Officer is directed to draw
56	a warrant, pursuant to the Stipulated Settlement Agreement
57	executed by the Department of Transportation and Stephen Hall,
58	in the sum of $388,000, upon funds of the Department of
59	Transportation in the State Treasury, and the Chief Financial
60	Officer is directed to pay the same out of funds in the State
61	Treasury.
62	Section 4.  This act shall take effect upon becoming a law.

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