Florida Senate - 2009                     (Reformatted)    SB 36
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00147-09                                             200936__
    1                        A bill to be entitled                      
    2         An act for the relief of Stephen Hall; providing an
    3         appropriation to compensate him for injuries and
    4         damages sustained as result of the negligence of an
    5         employee of the Department of Transportation;
    6         providing a limitation on the payment of fees and
    7         costs; providing an effective date.
    8  
    9         WHEREAS, on June 30, 1997, Stephen Hall was a passenger in
   10  a vehicle driven by his father, Edward Hall, traveling westbound
   11  on 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
   23  and 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
   26  likely need additional surgery for the injuries in the future,
   27  missed 2 years of school, has suffered from mood swings and
   28  depression, and has permanent facial disfigurement and
   29  continuing problems as a result of the injuries, and
   30         WHEREAS, Stephen Hall's medical expenses total $51,586.81
   31  to 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 in the State Treasury,
   57  and the Chief Financial Officer is directed to pay the same out
   58  of such funds in the State Treasury.
   59         Section 4. This award is intended to provide the sole
   60  compensation for all present and future claims arising out of
   61  the factual situation described in this act which resulted in
   62  injury to Stephen Hall. The total amount paid for attorney's
   63  fees, lobbying fees, costs, and other similar expenses relating
   64  to this claim may not exceed 25 percent of the amount awarded
   65  under this act.
   66         Section 5. This act shall take effect upon becoming a law.