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.