Florida Senate - 2009 (Reformatted) SB 52 By Senator Pruitt 28-00127A-09 200952__ 1 A bill to be entitled 2 An act for the relief of Eric Brody by the Broward 3 County Sheriff's Office; providing for an 4 appropriation to compensate Eric Brody for injuries 5 sustained as a result of the negligence of the Broward 6 County Sheriff's Office; providing a limitation on the 7 payment of fees and costs; providing an effective 8 date. 9 10 WHEREAS, on the evening of March 3, 1998, 18-year-old Eric 11 Brody, a college-bound high school senior, was returning home 12 from his part-time job at the Sawgrass Mills Sports Authority. 13 Eric was driving his 1982 AMC Concord eastbound on Oakland Park 14 Boulevard in Sunrise, Florida, and 15 WHEREAS, that same evening, Broward County Sheriff's Deputy 16 Christopher Thieman was driving his Broward Sheriff's Office 17 cruiser westbound on Oakland Park Boulevard on his way to work 18 at the Weston Station. At the time he had left the home of his 19 girlfriend, he had less than 15 minutes to travel 11 miles in 20 order to make roll call on time. The speed limit was 45 mph, and 21 WHEREAS, at approximately 10:36 p.m., Eric Brody attempted 22 to make a left-hand turn into his neighborhood at the 23 intersection of NW 117th Avenue and Oakland Park Boulevard. 24 Eric's car cleared two of the three westbound lanes on Oakland 25 Park Boulevard. Deputy Thieman, who had been traveling in the 26 inside westbound lane closest to the median, suddenly and 27 inexplicably steered his vehicle to the right, across the center 28 lane and into the outside lane, where the front end of his car 29 struck the passenger side of Eric's car, just behind the right 30 front wheel and near the passenger door, and 31 WHEREAS, Deputy Thieman claimed at trial that he had no 32 idea how fast he was traveling and there were no reported 33 witnesses; however, experts for the claimant and the defendant 34 testified that Deputy Thieman was driving between 60 mph and 70 35 mph when he struck the passenger side of Eric Brody's car, and 36 WHEREAS, Eric Brody was found unconscious 6 minutes later 37 by paramedics, his head and upper torso leaning upright and 38 toward the passenger-side door. Although he was out of his seat 39 belt, it was photographed at the scene, fully spooled out, with 40 the retractor jammed, dangling out of the driver-side door, 41 indicating it had been in use at the time and involved in a 42 high-speed impact. The right side of Eric's head had struck the 43 intruding passenger-side door, causing skull fractures and brain 44 sheering, bruising, bleeding, and swelling, and 45 WHEREAS, Eric Brody was airlifted by helicopter to Broward 46 General Hospital where he was placed on a ventilator and 47 underwent an emergency craniotomy. He was in a coma for 6 months 48 and underwent extensive rehabilitation, having to relearn how to 49 walk and talk, and 50 WHEREAS, Eric Brody, who is now 28-years-old, has been left 51 profoundly brain-injured and lives with his parents. His speech 52 is barely intelligible, he has significant memory loss and 53 cognitive dysfunction, and he has visual problems. Eric also has 54 impaired fine and gross motor skills and has very poor balance. 55 Although Eric is able to use a walker for short distances, he 56 must mostly use a wheelchair to get around. The entire left side 57 of his body is partially paralyzed and spastic, and he needs 58 help with many of his daily functions. Eric is permanently and 59 totally disabled. However, Eric has a normal life expectancy, 60 and 61 WHEREAS, the Brodys alleged in their lawsuit against the 62 Broward County Sheriff's Office that Deputy Thieman was 63 negligent in the operation of his vehicle by driving too fast 64 and by steering his vehicle two lanes to the right where the 65 impact occurred. In reconstructing the accident, experts 66 determined that if Deputy Thieman had remained within the inside 67 lane, there would have been no collision, and 68 WHEREAS, the Broward County Sheriff's Office alleged that 69 Eric failed to yield the right-of-way and use his seat belt. 70 However, the seat belt expert the Broward Sheriff's Office 71 called at trial admitted under cross-examination that the fact 72 that the seat belt was spooled out and the retractor jammed was 73 consistent with seat belt usage in a high-speed impact, and 74 WHEREAS, the Brodys proved at trial that Deputy Thieman's 75 speed caused Eric to misjudge the time and distance he had to 76 clear the intersection. The Brody's experts re-created the 77 accident by conducting an exact car-to-car crash test, using 78 identical vehicles, an instrumented hybrid III dummy, and fast 79 action cameras. The crash test demonstrated that regardless of 80 the fact that the seat belt was spooled out and the retractor 81 was jammed, given the severity of this crash and the significant 82 amount of intrusion into the occupant compartment where Eric was 83 seated, Eric's head would have made contact with the passenger 84 door anyway and a seat belt could not have prevented his 85 injuries. During the crash, the test dummy, which was wearing a 86 seat belt, struck its head on the passenger door within inches 87 of where Eric Brody's head actually struck the passenger door, 88 providing additional proof that Eric was wearing a seat belt, 89 and 90 WHEREAS, on December 1, 2005, a Broward County jury made up 91 of three men and three women found that Deputy Thieman and the 92 Broward County Sheriff's Office were 100 percent negligent and 93 Eric Brody was not comparatively negligent, and rendered a 94 $30,690,000 verdict in favor of the then 25-year-old Eric Brody. 95 The trial lasted almost 2 months, including a 2-week break due 96 to Hurricane Wilma, and 97 WHEREAS, judgment was entered shortly after the jury 98 verdict for the full amount of $30,690,000, and the court 99 entered a cost judgment for $270,372.30, for a total judgment of 100 $30,960,372.30. The trial court denied the Broward County 101 Sheriff's Office posttrial motions for judgment notwithstanding 102 the verdict, new trial, or remittitur. The Broward County 103 Sheriff's Office appealed the final judgment but not the cost 104 judgment. The Fourth District Court of Appeal upheld the verdict 105 and the amount of the verdict in the fall of 2007. The Broward 106 County Sheriff's Office subsequently petitioned the Florida 107 Supreme Court, which denied the petition in April of 2008. 108 Therefore, all legal remedies have been exhausted and this case 109 is ripe for a claim bill, and 110 WHEREAS, before the lawsuit was filed, the Brodys made a 111 demand for $3 million, which was the limit of the insurance 112 policy of the Broward County Sheriff's Office, reiterated that 113 demand at mediation, and gave the carrier additional time after 114 mediation to pay the policy limit before the Brody's attorneys 115 began the expense of preparing the case for trial. The insurance 116 carrier ignored multiple attempts to settle the case, and 117 instead waited until the day the trial judge set the case for 118 trial before offering to pay the limit. By that time, nearly 119 $750,000 had been spent preparing the case for trial, and Eric 120 Brody had liens of nearly $1 million for his health care costs. 121 Because so much money had been spent, it was determined that 122 settlement was no longer feasible. By the time the trial was 123 completed, an additional $250,000 had been spent on trial costs, 124 and 125 WHEREAS, due to the failure of the liability insurance 126 carrier for the Broward County Sheriff's Office to settle and 127 pay the $3 million policy limit when it could and should have on 128 multiple occasions, and thereby unreasonably exposed the Broward 129 County Sheriff's Office to an excess judgment and claim bill, 130 upon the passage of this bill, the Broward County Sheriff's 131 Office will have standing to initiate an action against the 132 insurer for bad-faith-claims practice in order to recover the 133 entire amount of the claim bill, and 134 WHEREAS, the Broward County Sheriff's Office has paid the 135 $200,000 allowed under s. 768.28, Florida Statutes, and the 136 remainder in the amount of $30,760,372.30 is sought through the 137 submission of a claim bill to the Legislature, NOW, THEREFORE, 138 139 Be It Enacted by the Legislature of the State of Florida: 140 141 Section 1. The facts stated in the preamble to this act are 142 found and declared to be true. 143 Section 2. The Sheriff of Broward County is authorized and 144 directed to appropriate from funds of the sheriff's office not 145 otherwise appropriated and to draw a warrant in the sum of 146 $30,760,372.30, payable to Eric Brody, as compensation for 147 injuries and damages sustained. 148 Section 3. The amount awarded in this act is intended to 149 provide the sole compensation for all present and future claims 150 arising out of the factual situation described in this act which 151 resulted in injury to Eric Brody. The total amount paid for 152 attorney's fees, lobbying fees, costs, and other similar 153 expenses relating to this act may not exceed 25 percent of the 154 total amount awarded under this act. 155 Section 4. This act shall take effect upon becoming a law.