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.