Florida Senate - 2009 (Reformatted) SB 60 By Senator Rich 34-00150B-09 200960__ 1 A bill to be entitled 2 An act for the relief of Ronald Miller by the City of 3 Hollywood; providing for an appropriation to 4 compensate him for injuries sustained as a result of 5 the negligence of the City of Hollywood; providing a 6 limitation on the payment of fees and costs; providing 7 an effective date. 8 9 WHEREAS, on July 30, 2002, Ronald Miller was driving his 10 pickup truck home from work, northbound on Federal Highway in 11 the left-turn lane, and 12 WHEREAS, at that time, a City of Hollywood employee, Robert 13 Mettler, who was driving a city utilities truck, cut across the 14 lanes of northbound traffic and crashed into Mr. Miller's 15 vehicle head-on, and 16 WHEREAS, Mr. Mettler should have not been allowed to drive 17 a city vehicle, given his extensive history of drunken driving 18 and traffic violations, and 19 WHEREAS, the impact of the crash caused Mr. Miller to 20 suffer two herniated disks in his neck, which require surgery 21 that he cannot afford, and he has had multiple surgeries to 22 correct torn ligaments in both knees, and 23 WHEREAS, after the knee surgeries, Mr. Miller had to be 24 rehospitalized several times due to complications, including 25 deep-venous thrombosis and pulmonary embolism, and 26 WHEREAS, according to his orthopedic surgeon, Steven 27 Wender, M.D., Mr. Miller will require knee replacements on both 28 legs over the next 40 years of his life every 7 to 13 years, at 29 a cost of approximately $100,000 per surgery, and is likely to 30 require additional medical care for his back, and 31 WHEREAS, Mr. Miller's past medical expenses total 32 approximately $75,000, and 33 WHEREAS, the City Attorney informed the Hollywood City 34 Commission that it was likely to face a substantial adverse 35 verdict in the case but did not attempt to reach a reasonable 36 settlement given the City's exposure to liability and damages, 37 and 38 WHEREAS, the jury awarded and Final Judgment was entered in 39 favor of Mr. Miller for $1,130,731.89, including approximately 40 $75,000 for past medical bills and $415,000 for future medical 41 expenses, $200,000 for past pain and suffering, and $500,000 for 42 future pain and suffering, and 43 WHEREAS, a Cost Judgment was entered in favor of Mr. Miller 44 for $17,257.82, and 45 WHEREAS, the City of Hollywood filed a frivolous posttrial 46 motion, which was summarily denied by the trial judge, an 47 appeal, for which the Fourth District Court of Appeals affirmed 48 the judgment per curiam, and a motion for rehearing of the 49 appeal, which was summarily denied by the appellate court, NOW, 50 THEREFORE, 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. The facts stated in the preamble to this act are 55 found and declared to be true. 56 Section 2. The City of Hollywood is authorized and directed 57 to appropriate from funds of the city not otherwise appropriated 58 and to draw a warrant, payable to Ronald Miller, for the total 59 amount of $1,147,989.71 as compensation for injuries and damages 60 sustained as a result of the negligence of the City of 61 Hollywood. 62 Section 3. The amount awarded under this act is intended to 63 provide the sole compensation for all present and future claims 64 arising out of the factual situation described in this act which 65 resulted in injuries to Ronald Miller. The total amount paid for 66 attorney's fees, lobbying fees, costs, and other similar 67 expenses relating to this claim may not exceed 25 percent of the 68 amount awarded under this act. 69 Section 4. This act shall take effect upon becoming a law.