Florida Senate - 2009 (Reformatted) SB 16 By Senator Dean 3-00080-09 200916__ 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 4 sustained as result of the negligence of an employee 5 of the Department of Highway Safety and Motor 6 Vehicles; providing a limitation on the payment of 7 fees and costs; providing an effective date. 8 9 WHEREAS, on January 30, 1998, the vehicle driven by Carol 10 Jean Robinson struck the rear of the vehicle driven by Doretta 11 Spurway while Ms. Spurway was stopped in traffic on State Road 12 60 at the intersection of Sharewood Drive, and 13 WHEREAS, at the time of the accident, Ms. Robinson was 14 acting within the course and scope of her employment with the 15 Department of Highway Safety and Motor Vehicles, and 16 WHEREAS, at the time of the accident, Ms. Spurway was 56 17 years of age and was 58 years of age at the time of the trial, 18 having a life expectancy of 24.7 years, and 19 WHEREAS, as a result of the accident, Ms. Spurway suffered 20 an elevation of the humeral head resulting in impingement, 21 spurring to the right AC joint contributing to the impingement, 22 persistent right shoulder subacromial bursitis, cervical strain, 23 right shoulder strain, headaches, aggravation of spondylosis at 24 C6/7 with disc-space narrowing in osteophyte formation, and 25 straightening of the cervical lordosis, and 26 WHEREAS, Dr. Fabio Fiore of Brandon Hospital operated on 27 Ms. Spurway's right shoulder on May 29, 1998, removing the front 28 lip of the acromion from the rotator cuff, and 29 WHEREAS, Ms. 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 Ms. Spurway suffered 34 a permanent injury to her shoulder in the accident, which was 35 confirmed by magnetic resonance imaging, and that Ms. Spurway is 36 a candidate for a future shoulder operation, and 37 WHEREAS, following her surgery, Ms. Spurway sought 38 treatment from Dr. Luis Crespo who performed a functional 39 capacity evaluation that was introduced into evidence at trial, 40 and 41 WHEREAS, Dr. Fiore testified that, within reasonable 42 medical certainty, the cost of the future shoulder surgery will 43 be $20,000 and that Ms. Spurway will incur annual medical bills 44 of $5,000 to $6,000 for medication, physical therapy, and 45 treatment for her ongoing headaches and neck pain, and 46 WHEREAS, Dr. Crespo testified that, following surgery, Ms. 47 Spurway developed atrophy and chronic swelling of the tissues in 48 her shoulder and that Ms. Spurway will incur annual medical 49 bills of $2,000 to $2,500 for treatment, excluding surgery, of 50 the shoulder injury, and 51 WHEREAS, before the accident, Ms. Spurway had worked full 52 time as a certified nursing assistant for more than 30 years, 53 work that involved caring for elderly patients who are unable to 54 care for themselves, bathing patients, pushing patients in 55 wheelchairs, and helping patients to walk, and 56 WHEREAS, before the accident Ms. Spurway earned $17,005 in 57 1997, and following the accident her annual income dropped to 58 $7,172 in 1998, and Ms. Spurway has been unable to work since 59 1998 as a result of her injuries, and 60 WHEREAS, Dr. Fiore testified that Ms. Spurway's injuries 61 prohibit her from working as a certified nursing assistant, and 62 Dr. Crespo, after conducting a functional capacity evaluation, 63 testified that Ms. Spurway has lost 60 to 70 percent of the 64 range of motion in her right shoulder as a result of the 65 accident and further testified that Ms. Spurway is unable to 66 perform the full duties of a nursing assistant, and 67 WHEREAS, Ms. Spurway has been unable to work for 10 years, 68 has had to sell her house, is living out of a car and staying 69 with friends and family, and currently has difficulty paying for 70 her necessary medications, and 71 WHEREAS, a jury determined that, as a result of the 72 accident, the amount of damages suffered by Ms. Spurway for 73 medical expenses, lost earnings, and loss of wage-earning 74 capacity is $56,942.37, determined that the present value of 75 future medical care and treatment and lost wage-earning capacity 76 to be sustained in future years by Ms. Spurway is $165,000, and 77 returned a verdict awarding a total amount of $221,942.37 to Ms. 78 Spurway, NOW, THEREFORE, 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1. The facts stated in the preamble to this act are 83 found and declared to be true. 84 Section 2. The sum of $221,942.37 is appropriated from the 85 General Revenue Fund to the Department of Highway Safety and 86 Motor Vehicles for the relief of Doretta Spurway for injuries 87 and damages sustained. 88 Section 3. The Chief Financial Officer is directed to draw 89 a warrant in favor of Doretta Spurway in the sum of $221,942.37 90 upon funds of the Department of Highway Safety and Motor 91 Vehicles, and the Chief Financial Officer is directed to pay the 92 same out of such funds in the State Treasury. 93 Section 4. This award is intended to provide the sole 94 compensation for all present and future claims arising out of 95 the factual situation described in this act which resulted in 96 the injuries sustained by Doretta Spurway. The total amount paid 97 for attorney's fees, lobbying fees, costs, and other similar 98 expenses relating to this claim may not exceed 25 percent of the 99 amount awarded under this act. 100 Section 5. This act shall take effect upon becoming a law.