Florida Senate - 2009                     (Reformatted)    SB 22
       
       
       
       By Senator Fasano
       
       
       
       
       11-00095-09                                             200922__
    1                        A bill to be entitled                      
    2         An act for the relief of Amie Draiemann Stephenson,
    3         individually, and as Personal Representative of the
    4         Estate of Christian Darby Stephenson, deceased, and
    5         for the relief of Hailey Morgan Stephenson and
    6         Christian Darby Stephenson, II, as surviving minor
    7         children of the decedent; providing an appropriation
    8         to compensate them for the wrongful death of Christian
    9         Darby Stephenson, which was due in part to the
   10         negligence of the Department of Transportation;
   11         providing a limitation on the payment of fees and
   12         costs; providing an effective date.
   13  
   14         WHEREAS, on August 12, 2000, 29-year-old Christian Darby
   15  Stephenson was driving a gasoline tanker eastbound on the Hart
   16  Bridge Expressway in Duval County, and
   17         WHEREAS, at the base of the bridge was a large pool of
   18  standing water which was caused by a clogged drain, and
   19         WHEREAS, the Department of Transportation was responsible
   20  for the maintenance of the Hart Bridge Expressway drains at that
   21  location, and
   22         WHEREAS, as Mr. Stephenson drove over the bridge, a Jeep
   23  that was traveling toward the tanker hit the puddle and
   24  hydroplaned, and
   25         WHEREAS, Christian Stephenson took evasive action to avoid
   26  hitting the Jeep and also to avoid two other vehicles that had
   27  been involved in previous accidents and were parked in the
   28  striped safety zone alongside the expressway, and
   29         WHEREAS, Mr. Stephenson attempted to make a hard right turn
   30  onto the Atlantic Avenue exit so as to avoid those three other
   31  vehicles, but, as he tried to take the exit, the gasoline tanker
   32  jackknifed, struck the guardrail, overturned, and exploded, and
   33         WHEREAS, Christian Darby Stephenson was subsequently
   34  pronounced dead at the scene, and
   35         WHEREAS, Mr. Stephenson's widow, Amie Draiemann Stephenson,
   36  brought suit against the department in the Circuit Court of the
   37  Fourth Judicial Circuit, in and for Duval County, Florida (Case
   38  No. 01-03428 CA), and, on March 22, 2005, the jury returned a
   39  verdict that charged the Department of Transportation with 36
   40  percent of the negligence that was a legal cause of Mr.
   41  Stephenson's death, and
   42         WHEREAS, the jury verdict states the jury's determination
   43  that the total amount of damages sustained by Christian Darby
   44  Stephenson's estate is $1.3 million; the total amount sustained
   45  by Amie Draiemann Stephenson is $763,000; the total amount
   46  sustained by Hailey Morgan Stephenson is $1 million; and the
   47  total amount sustained by Christian Darby Stephenson, II, is
   48  $526,000, and
   49         WHEREAS, when the aggregate sum of these damages is
   50  multiplied by 36 percent, the sum awarded to Mr. Stephenson's
   51  estate and the named survivors under the final judgment is
   52  $1,292,040, plus taxable costs, and
   53         WHEREAS, after the Department of Transportation has paid
   54  $200,000, as allowed under s. 768.28, Florida Statutes, the
   55  remainder subject to being awarded under this act will be
   56  $1,092,040, plus taxable costs, NOW, THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59         
   60         Section 1. The facts stated in the preamble to this act are
   61  found and declared to be true.
   62         Section 2. The Chief Financial Officer is authorized and
   63  directed to appropriate from funds of the Department of
   64  Transportation not otherwise appropriated and to draw a warrant
   65  in the sum of $1,092,040, plus taxable costs, payable to Amie
   66  Draiemann Stephenson, as Personal Representative of the Estate
   67  of Christian Darby Stephenson, to compensate Mrs. Stephenson and
   68  the surviving minor children of Mr. and Mrs. Stephenson, Hailey
   69  Morgan Stephenson and Christian Darby Stephenson, II, for the
   70  wrongful death of Christian Darby Stephenson.
   71         Section 3. This award is intended to provide the sole
   72  compensation for all present and future claims arising out of
   73  the factual situation that resulted in the death of Christian
   74  Darby Stephenson as described in this act. The total amount paid
   75  for attorney's fees, lobbying fees, costs, and other similar
   76  expenses relating to this claim may not exceed 25 percent of the
   77  amount awarded under this act.
   78         Section 4. This act shall take effect upon becoming a law.