1

A bill to be entitled

2

An act relating to the Department of Transportation;

3

providing for the relief of Stephen Hall to compensate him

4

for injuries sustained as a result of the negligence of an

5

employee of the department; providing an appropriation;

6

providing a limitation on the payment of fees and costs;

7

providing an effective date.

8

9

     WHEREAS, on June 30, 1997, Stephen Hall was a passenger in a

10

vehicle driven by his father, Edward Hall, traveling westbound on

11

State Road 500 in Brevard County, Florida, and

12

     WHEREAS, David Eaker, an employee of the Department of

13

Transportation, was stopped on the north shoulder of State Road

14

500, headed in the same direction as the Hall vehicle, and

15

     WHEREAS, as the Hall vehicle approached his vehicle, David

16

Eaker pulled into the path of the Hall vehicle, resulting in a

17

collision between the two vehicles, and

18

     WHEREAS, Stephen Hall was injured and was transported by

19

ambulance to Holmes Regional Medical Center in Melbourne, where

20

he was treated for multiple traumatic injuries, including

21

multiple facial fractures and lacerations; multiple intra-oral

22

mucosal lacerations; and orthopedic injuries to his right arm and

23

shoulder, neck, and both knees, and

24

     WHEREAS, as a result of the injuries, Stephen Hall was

25

subjected to multiple surgeries and physical therapy, will likely

26

need additional surgery for the injuries in the future, missed 2

27

years of school, has suffered from mood swings and depression,

28

and has permanent facial disfigurement and continuing problems as

29

a result of the injuries, and

30

     WHEREAS, Stephen Hall's medical expenses total $51,586.81 to

31

date, and

32

     WHEREAS, David Eaker was determined to be at fault and was

33

charged with failure to yield the right-of-way, and

34

     WHEREAS, the Halls filed suit in the Eighteenth Judicial

35

Circuit, in and for Brevard County, against the Department of

36

Transportation in case number 05-2001-CA-006293, and

37

     WHEREAS, the parties mediated the case and reached a

38

settlement of all claims, and

39

     WHEREAS, the parties entered into a settlement agreement in

40

which the Department of Transportation admitted liability and

41

agreed to the entry of a consent judgment in the amount of

42

$500,000, and

43

     WHEREAS, the department has previously paid $112,000 to the

44

claimant and agreed to affirmatively support a claim bill in the

45

amount of $388,000, NOW, THEREFORE,

46

47

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

48

49

     Section 1. The facts stated in the preamble to this act are

50

found and declared to be true.

51

     Section 2. The sum of $388,000 is appropriated from the

52

General Revenue Fund to the Department of Transportation for the

53

relief of Stephen Hall for injuries and damages sustained.

54

     Section 3. The Chief Financial Officer is directed to draw

55

a warrant in favor of Stephen Hall in the sum of $388,000, upon

56

funds of the Department of Transportation, and to pay the same to

57

Stephen Hall out of funds in the State Treasury.

58

     Section 4. This award is intended to provide the sole

59

compensation for all present and future claims arising out of the

60

factual situation described in this act which resulted in injury

61

to Stephen Hall. The total amount paid for attorney's fees,

62

lobbying fees, costs, and other similar expenses relating to this

63

claim may not exceed 25 percent of the amount awarded under this

64

act.

65

     Section 5.  This act shall take effect upon becoming a law.