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.