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.