Senate Bill sb0066

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    Florida Senate - 2007        (NP)                        SB 66

    By Senator Baker





    20-113-07

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; providing for the

  4         relief of Timothy Kulik and Theresa Ann Kulik;

  5         providing an appropriation to compensate them

  6         for injuries and damages sustained as a result

  7         of the negligence of the department; providing

  8         an effective date.

  9  

10         WHEREAS, on March 30, 1996, Dr. Timothy Kulik, a

11  dentist from South Bend, Indiana, and his family, including

12  his wife Theresa Ann Kulik and their two teenage children,

13  were en route from Indiana to South Florida on Interstate 75,

14  and

15         WHEREAS, Timothy Kulik's son, Michael Kulik, was

16  driving the family vehicle as the Kuliks traveled Interstate

17  75 in Columbia County, Florida, heading southbound within an

18  extended construction zone, and

19         WHEREAS, Michael Kulik had been following a grey van

20  for some time, keeping up with traffic, traveling in the right

21  lane, when Florida Highway Patrol Trooper James Bond pulled

22  behind the Kulik vehicle and turned on his blue lights,

23  indicating that the Kulik vehicle must pull over, and

24         WHEREAS, Michael Kulik, an inexperienced driver with

25  less than 1 year of total driving experience, pulled the

26  vehicle off the road onto a shoulder still within the

27  construction zone at a point where there was no emergency

28  lane, and

29         WHEREAS, the left rear tire of the vehicle came to rest

30  on asphalt less than 6 inches off the right white line

31  

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1  delineating the shoulder of the road, with the left front tire

 2  approximately 18 inches onto the shoulder, and

 3         WHEREAS, the two right wheels came to rest on grass due

 4  to the narrow shoulder created by ongoing construction in that

 5  area, and

 6         WHEREAS, a large grassy area separated the roadway from

 7  a large rest area, and

 8         WHEREAS, testimony indicated that the swale was gentle

 9  and dry, allowing for vehicles to pull well off the road

10  without risk of getting struck, and

11         WHEREAS, the Florida Highway Patrol Trooper, James

12  Bond, in pulling the vehicle over, parked his vehicle

13  approximately 15 feet off of the roadway, and

14         WHEREAS, the pictures of the accident scene do not

15  depict where Trooper Bond was parked at the time of the

16  accident because he moved his vehicle after the fact, and

17         WHEREAS, Trooper Bond stated in deposition testimony

18  that he noticed the proximity of the Kulik vehicle to the

19  lanes of traffic and recognized the danger, but he did not

20  feel it necessary to instruct Michael Kulik to move the

21  vehicle further from the roadway because he felt that the

22  family posed a flight risk, and

23         WHEREAS, Trooper Bond did have available a bullhorn to

24  hail motorists from inside his vehicle but testified that his

25  supervisors had discouraged its use, and

26         WHEREAS, Trooper Bond further failed to position his

27  marked cruiser in a manner so as to alert oncoming motorists

28  of the hazard he created and over which he had control,

29  instead choosing to pull his automobile far off the roadway to

30  an area of safety, and

31  

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1         WHEREAS, Trooper Bond approached the Kulik vehicle from

 2  the passenger side and engaged the driver through the

 3  passenger window, and

 4         WHEREAS, when asked at trial, Trooper Bond testified

 5  that approaching the Kulik vehicle from the driver's side

 6  would have placed him in danger of passing motorists, and

 7         WHEREAS, Timothy Kulik was in the front passenger seat

 8  and was notably agitated by the fact that his son received a

 9  ticket when he was merely following his father's instructions

10  in keeping up with traffic through this construction zone, and

11  voiced his displeasure to Trooper Bond during the stop, and

12         WHEREAS, Timothy Kulik testified that he used some

13  profanity when told to shut up by Trooper Bond, and

14         WHEREAS, Trooper Bond denied memory of any profanity,

15  and

16         WHEREAS, when the ticket had been issued, Timothy Kulik

17  offered to replace Michael Kulik as the driver because the son

18  was noticeably shaken by the incident, and

19         WHEREAS, Timothy Kulik exited his seat and walked

20  around the rear of the vehicle, heading up the driver's side

21  of the Chevrolet Suburban, and

22         WHEREAS, Timothy Kulik passed his son Michael near the

23  rear wheel and walked to the front door which had been left

24  ajar by his son, and

25         WHEREAS, unfortunately, Timothy Kulik has no memory of

26  events from this point on, and

27         WHEREAS, expert testimony revealed that Timothy Kulik

28  opened the driver's door using his left hand, and

29         WHEREAS, as he did so, a large motor home passed and

30  impacted the open door pinning Timothy Kulik's entire left arm

31  between the door and motor home, and

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1         WHEREAS, Timothy Kulik's left arm was practically

 2  severed in the impact, and

 3         WHEREAS, as the motor home passed, it dragged Timothy

 4  Kulik and the door forward at high speed, throwing him around

 5  the door and forward onto the pavement in front of the truck,

 6  and

 7         WHEREAS, the highway patrol policies and procedures

 8  clearly stated that a trooper is not to hesitate to direct a

 9  stopped motorist to an area of safety before instituting

10  enforcement action, and

11         WHEREAS, Trooper Bond testified that he saw the

12  proximity of the stopped Kulik car to the traffic lanes of

13  Interstate 75 but chose to leave the Kuliks in a position of

14  danger, and

15         WHEREAS, Trooper Bond also allowed that, in his more

16  than 20-year career, he often saw motorists change drivers

17  following a traffic stop, and

18         WHEREAS, Trooper Bond also acknowledged that the

19  Florida Highway Patrol policy manual allowed for a trooper to

20  instruct a motorist to stay in the vehicle, and

21         WHEREAS, because of a defense error, Trooper Bond's

22  employment file was discussed in court and, as a result, it

23  was revealed that Trooper Bond had been sanctioned more than

24  once for displaying a very poor attitude, a fact that was key

25  to substantiating Timothy Kulik's testimony that Trooper Bond

26  was very abrasive when he approached the vehicle and baited

27  Timothy Kulik into retaliating, and

28         WHEREAS, an emergency room physician and his wife, an

29  emergency room nurse, were the first persons on the scene of

30  the accident, and

31  

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1         WHEREAS, the couple rendered trauma care and assisted

 2  in stemming the tide of Timothy Kulik's profuse bleeding until

 3  local emergency teams arrived, and

 4         WHEREAS, simply put, Dr. Timothy Kulik's left arm was

 5  shattered by the impact of the accident, and

 6         WHEREAS, Dr. Kulik's arm, from the shoulder down to the

 7  wrist, was mangled, and no use of his hand or arm was possible

 8  for many months, and

 9         WHEREAS, Timothy Kulik underwent seven or eight

10  significant surgical procedures, and

11         WHEREAS, muscle transpositions have helped Dr. Kulik

12  with simple grasp functions, but overall there is no dexterity

13  to the left hand and minimal range of motion to the arm, and

14         WHEREAS, as a result of the accident of March 30, 1996,

15  Dr. Timothy Kulik's arm is virtually useless, and

16         WHEREAS, Dr. Timothy Kulik was a dentist in South Bend,

17  Indiana from 1976 to the present, opening his own practice in

18  1995, and

19         WHEREAS, dentistry being a profession requiring the

20  full use of both hands, Dr. Kulik is extremely limited in the

21  types of procedures he can perform, with more costly and

22  meticulous procedures such as crown placement being difficult

23  to the point that Dr. Kulik can no longer perform them, and

24         WHEREAS, at trial, it was the intent of Timothy Kulik's

25  legal representatives to prove that the motor home operator

26  was negligent, minimizing the role of Trooper Bond after the

27  first 2 days of testimony, and

28         WHEREAS, for the remainder of the trial Timothy Kulik's

29  attorneys concentrated on the motor home operator's actions,

30  including during the closing argument when it was suggested

31  

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1  that the jury find the Florida Highway Patrol minimally

 2  negligent, and

 3         WHEREAS, despite this, the jury returned with a verdict

 4  attributing 0-percent negligence to the motor home operator,

 5  approximately 46-percent negligence to Trooper Bond, and

 6  54-percent negligence to Timothy Kulik, and

 7         WHEREAS, the gross verdict in the trial was in the

 8  amount of $3,125,000 for Timothy Kulik and $50,000 for Theresa

 9  Ann Kulik for loss of consortium, and

10         WHEREAS, after reductions for comparative fault,

11  judgment was entered against the Department of Highway Safety

12  and Motor Vehicles in the sum of $1,437,500 for damages

13  incurred by Timothy Kulik and $23,000 for damages incurred by

14  Theresa Ann Kulik, NOW, THEREFORE,

15  

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

17  

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

19  act are found and declared to be true.

20         Section 2.  The sum of $1,437,500 is appropriated from

21  the General Revenue Fund to the Department of Highway Safety

22  and Motor Vehicles for the relief of Timothy Kulik as

23  compensation for injuries and damages sustained.

24         Section 3.  The sum of $23,000 is appropriated from the

25  General Revenue Fund to the Department of Highway Safety and

26  Motor Vehicles for the relief of Theresa Ann Kulik as

27  compensation for injuries and damages sustained.

28         Section 4.  The Chief Financial Officer is directed to

29  draw a warrant in favor of Timothy Kulik in the sum of

30  $1,437,500 upon funds of the Department of Highway Safety and

31  

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    Florida Senate - 2007        (NP)                        SB 66
    20-113-07




 1  Motor Vehicles and to pay the same out of funds in the State

 2  Treasury.

 3         Section 5.  The Chief Financial Officer is directed to

 4  draw a warrant in favor of Theresa Ann Kulik in the sum of

 5  $23,000 upon funds of the Department of Highway Safety and

 6  Motor Vehicles and to pay the same out of funds in the State

 7  Treasury.

 8         Section 6.  This act shall take effect upon becoming a

 9  law.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Appropriates funds to compensate Dr. Timothy Kulik and
      Theresa Ann Kulik for injuries sustained as a result of
14    the negligence of an employee of the Department of
      Highway Safety and Motor Vehicles.
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