HB 0275

1	A bill to be entitled
2	An act for the relief of Doretta Spurway; providing an
3	appropriation to compensate her for injuries she sustained
4	as a result of the negligence of an employee of the
5	Department of Highway Safety and Motor Vehicles; providing
6	an effective date.
7
8	WHEREAS, on January 30, 1998, a vehicle driven by Carol
9	Jean Robinson struck the rear of a vehicle driven by Doretta
10	Spurway while Ms. Spurway was stopped in traffic on State Road
11	60 at the intersection of Sharewood Drive in Brandon, Florida,
12	and
13	WHEREAS, at the time of the accident, Carol Jean Robinson
14	was acting within the course and scope of her employment with
15	the Department of Highway Safety and Motor Vehicles, and
16	WHEREAS, at the time of the accident, Doretta Spurway was
17	56 years of age and was 58 years of age at the time of the
18	trial, having a life expectancy of 24.7 years, and
19	WHEREAS, as a result of the accident, Doretta Spurway
20	suffered an elevation of the humeral head resulting in
21	impingement, spurring to the right AC joint contributing to the
22	impingement, persistent right shoulder subacromial bursitis,
23	cervical strain, right shoulder strain, headaches, aggravation
24	of spondylosis at C6/7 with disc-space narrowing in osteophyte
25	formation, and straightening of the cervical lordosis, and
26	WHEREAS, Dr. Fabio Fiore of Brandon Hospital operated on
27	Doretta Spurway's right shoulder on May 29, 1998, removing the
28	front lip of the acromion from the rotator cuff, and
29	WHEREAS, Doretta Spurway continued to suffer persistent
30	weakness in her right shoulder and posttraumatic cervical
31	headaches resulting from the accident, and Dr. Fiore testified
32	that the posttraumatic cervical headaches are permanent, and
33	WHEREAS, Dr. Fiore also testified that Doretta Spurway
34	suffered a permanent injury to her shoulder in the accident,
35	which was confirmed by magnetic resonance imaging, and that
36	Doretta Spurway is a candidate for a future shoulder operation,
37	and
38	WHEREAS, following her surgery, Doretta Spurway sought
39	treatment from Dr. Luis Crespo, who performed a functional
40	capacity evaluation that was introduced into evidence at trial,
41	and
42	WHEREAS, Dr. Fiore testified that, within reasonable
43	medical certainty, the cost of the future shoulder surgery will
44	be $20,000 and that Doretta Spurway will incur annual medical
45	bills of $5,000 to $6,000 for medication, physical therapy, and
46	treatment for her ongoing headaches and neck pain, and
47	WHEREAS, Dr. Crespo testified that, following surgery,
48	Doretta Spurway developed atrophy and chronic swelling of the
49	tissues in her shoulder and that Doretta Spurway will incur
50	annual medical bills of $2,000 to $2,500 for treatment of the
51	shoulder injury, excluding surgery, and
52	WHEREAS, before the accident, Doretta Spurway worked full
53	time as a certified nursing assistant for over 30 years, work
54	that involved caring for elderly patients who are unable to care
55	for themselves, bathing patients, pushing patients in
56	wheelchairs, and helping patients to walk, and
57	WHEREAS, before the accident, Doretta Spurway earned
58	$17,005 in 1997, and, following the accident, her annual income
59	dropped to $7,172 in 1998, and Doretta Spurway has been unable
60	to work since 1998 as a result of her injuries, and
61	WHEREAS, Dr. Fiore testified that Doretta Spurway's
62	injuries prohibit her from working as a certified nursing
63	assistant, and Dr. Crespo, after conducting a functional
64	capacity evaluation, testified that Doretta Spurway has lost 60
65	to 70 percent of the range of motion in her right shoulder as a
66	result of the accident and further testified that Doretta
67	Spurway is unable to perform the full duties of a nursing
68	assistant, and
69	WHEREAS, Doretta Spurway has been unable to work for over 4
70	years, has had to sell her house, is living out of a car and
71	staying with friends and family, and currently has difficulty
72	paying for her necessary medications, and
73	WHEREAS, a jury determined that, as a result of the
74	accident, the amount of damages suffered by Doretta Spurway for
75	medical expenses, lost earnings, and loss of wage-earning
76	capacity is $56,942.37, determined that the present value of
77	future medical care and treatment and lost wage-earning capacity
78	to be sustained in future years by Doretta Spurway is $165,000
79	and returned a verdict awarding a total amount of $221,942.37 to
80	Doretta Spurway, and
81	WHEREAS, the Department of Highway Safety and Motor
82	Vehicles has paid $100,000 pursuant to the statutory limits of
83	liability set forth in s. 768.28, Florida Statutes, leaving a
84	balance of $121,942.37, NOW, THEREFORE,
85
86	Be It Enacted by the Legislature of the State of Florida:
87
88	Section 1.  The facts stated in the preamble to this act
89	are found and declared to be true.
90	Section 2.  The sum of $121,942.37 is appropriated from the
91	General Revenue Fund to the Department of Highway Safety and
92	Motor Vehicles for the relief of Doretta Spurway for injuries
93	and damages sustained.
94	Section 3.  The Chief Financial Officer is directed to draw
95	a warrant in favor of Doretta Spurway in the sum of $121,942.37
96	upon funds of the Department of Highway Safety and Motor
97	Vehicles, and the Chief Financial Officer is directed to pay the
98	same out of funds in the State Treasury.
99	Section 4.  This act shall take effect upon becoming a law.

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