| 1 | A bill to be entitled |
| 2 | An act for the relief of the Estate of Christian |
| 3 | Stephenson, Amie O'Brien (formerly Amie Draiemann |
| 4 | Stephenson), Hailey Morgan Stephenson, and Christian Darby |
| 5 | Stephenson, II; providing for the relief of the Estate of |
| 6 | Christian Stephenson, Amie O'Brien, individually, and as |
| 7 | Personal Representative of the Estate of Christian Darby |
| 8 | Stephenson, deceased, and for the relief of Hailey Morgan |
| 9 | Stephenson and Christian Darby Stephenson, II, as |
| 10 | surviving minor children of the decedent, by and through |
| 11 | their mother, Amie O'Brien; providing an appropriation to |
| 12 | compensate them for the wrongful death of Christian |
| 13 | Stephenson, which was due in part to the negligence of the |
| 14 | Department of Transportation; providing for attorney's |
| 15 | fees and costs; providing for use of funds; providing an |
| 16 | effective date. |
| 17 |
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| 18 | WHEREAS, on August 12, 2000, 29-year-old Christian |
| 19 | Stephenson was driving a gasoline tanker eastbound on the Hart |
| 20 | Bridge Expressway in Duval County, and |
| 21 | WHEREAS, at the base of the bridge was a large pool of |
| 22 | standing water which was caused by a clogged drain, and |
| 23 | WHEREAS, the Department of Transportation was responsible |
| 24 | for the maintenance of the Hart Bridge Expressway drains at that |
| 25 | location, and |
| 26 | WHEREAS, as Mr. Stephenson drove over the bridge, a Jeep |
| 27 | that was traveling toward the tanker hit the puddle and |
| 28 | hydroplaned, and |
| 29 | WHEREAS, Christian Stephenson took evasive action to avoid |
| 30 | hitting the Jeep and also to avoid two other vehicles that had |
| 31 | been involved in previous accidents and were parked in the |
| 32 | striped safety zone alongside the expressway, and |
| 33 | WHEREAS, Mr. Stephenson attempted to make a hard right turn |
| 34 | onto the Atlantic Avenue exit so as to avoid those three other |
| 35 | vehicles, but, as he tried to take the exit, the gasoline tanker |
| 36 | jackknifed, struck the guardrail, overturned, and exploded, and |
| 37 | WHEREAS, Christian Stephenson was subsequently pronounced |
| 38 | dead at the scene, and |
| 39 | WHEREAS, Mr. Stephenson's widow brought suit against the |
| 40 | department in the Circuit Court of the Fourth Judicial Circuit, |
| 41 | in and for Duval County, Florida (Case No. 01-03428 CA), and, on |
| 42 | March 22, 2005, the jury returned a verdict that charged the |
| 43 | Department of Transportation with 36 percent of the negligence |
| 44 | that was a legal cause of Mr. Stephenson's death, and |
| 45 | WHEREAS, the jury verdict states the jury's determination |
| 46 | that the total amount of damages sustained by Christian |
| 47 | Stephenson's estate is $1.3 million; the total amount sustained |
| 48 | by Amie O'Brien is $763,000; the total amount sustained by |
| 49 | Hailey Morgan Stephenson is $1 million, and the total amount |
| 50 | sustained by Christian Darby Stephenson, II, is $526,000, and |
| 51 | WHEREAS, when the aggregate sum of these damages is |
| 52 | multiplied by 36 percent, the sum awarded to Mr. Stephenson's |
| 53 | estate and the named survivors under the final judgment is |
| 54 | $1,292,040, plus taxable costs, and |
| 55 | WHEREAS, after the Department of Transportation has paid |
| 56 | $175,100, as allowed under section 768.28, Florida Statutes, the |
| 57 | remainder subject to award under this act is $1,116,940, NOW, |
| 58 | THEREFORE, |
| 59 |
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| 60 | Be It Enacted by the Legislature of the State of Florida: |
| 61 |
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| 62 | Section 1. The facts stated in the preamble to this act |
| 63 | are found and declared to be true. |
| 64 | Section 2. The Executive Office of the Governor is |
| 65 | directed to establish spending authority from unappropriated |
| 66 | trust fund balances in the Department of Transportation in the |
| 67 | amount of $1,116,940 to a new category titled: "Relief of the |
| 68 | Estate of Christian Stephenson, Amie O'Brien, Hailey Morgan |
| 69 | Stephenson, and Christian Darby Stephenson, II," as relief for |
| 70 | injuries and damages sustained, which amount includes attorney's |
| 71 | fees and costs. |
| 72 | Section 3. The Chief Financial Officer is directed to draw |
| 73 | a warrant in favor of Amie O'Brien in the sum of $1,092,040 plus |
| 74 | taxable costs upon funds of the Department of Transportation in |
| 75 | the State Treasury, and the Chief Financial Officer is directed |
| 76 | to pay the same out of such funds in the State Treasury, as |
| 77 | follows: |
| 78 | (1) $404,575.65 to the Estate of Christian Stephenson. |
| 79 | (2) $237,454.78 to Amie O'Brien. |
| 80 | (3) $311,212.04 to Amie O'Brien, which shall be used in |
| 81 | its entirety to purchase an annuity for the exclusive use and |
| 82 | benefit of Hailey Morgan Stephenson, a minor. |
| 83 | (4) $163,697.53 to Amie O'Brien, which shall be used in |
| 84 | its entirety to purchase an annuity for the exclusive use and |
| 85 | benefit of Christian Darby Stephenson, II, a minor. |
| 86 | Section 4. This act shall take effect upon becoming a law. |