HB 283

1
A bill to be entitled
2An act for the relief of Dennis Gay; providing an
3appropriation to compensate Dennis Gay for injuries
4sustained as a result of the negligence of the Department
5of Transportation; providing for the use of funds;
6providing for the reversion of funds to the state;
7providing a limitation on the total amount paid for
8attorney's fees, lobbying fees, costs, and other similar
9expenses relating to the claim; providing an effective
10date.
11
12     WHEREAS, on February 2, 2005, at approximately 7 a.m.,
13Dennis Gay, a 60-year-old man, was a pedestrian in the crosswalk
14of Brorein Street in Tampa when he was struck by a Department of
15Transportation vehicle, and
16     WHEREAS, upon being struck by the vehicle, Dennis Gay was
17thrown approximately 27 feet and rendered unconscious, and
18     WHEREAS, Dennis Gay was taken by ambulance to Tampa General
19Hospital and was admitted to the hospital in critical condition,
20diagnosed as having a skull fracture, subarachnoid hemorrhage,
21subdural hematoma, intracerebral hemorrhage, and left
22hemiparesis, and
23     WHEREAS, the primary neurosurgeon attending to Dennis Gay
24induced a coma to try to control the swelling in Dennis Gay's
25brain, and
26     WHEREAS, Dennis Gay was objectively diagnosed by computer
27tomography imaging as having significant brain bleeding, which
28left him permanently brain-damaged and suffering from impaired
29cognitive functioning and loss of emotional control, and
30     WHEREAS, the neuropsychologist hired by the Department of
31Transportation to examine Dennis Gay concurred in the finding of
32permanent brain damage, and
33     WHEREAS, upon discharge from the hospital several months
34later in April 2005, Dennis Gay exhibited goal-directed behavior
35only if cued, was able to relearn old skills such as activities
36of daily living, though memory loss interfered with new
37learning, had a beginning awareness of self and others, suffered
38cognitive difficulties and struggled with ambulation, and was
39unable to negotiate the entry stairs at his home, thus requiring
40ramp modifications to the premises, and
41     WHEREAS, Dennis Gay and his wife, Diana Gay, now deceased,
42filed a lawsuit against the Department of Transportation seeking
43compensation for injuries and damages sustained, and
44     WHEREAS, there is no dispute as to the liability of the
45Department of Transportation, and the department has submitted
46to a consent judgment in the amount of $900,000, and
47     WHEREAS, the Department of Transportation has paid $100,000
48to Dennis Gay and $100,000 to Diana Gay, deceased, pursuant to
49the limits of liability set forth in s. 768.28, Florida
50Statutes, and payment of the remaining amount is conditioned
51upon the passage of a claim bill by the Legislature in the
52amount of $700,000, of which $500,000 is to be placed in a
53special needs trust created for the benefit of Dennis Gay and
54$200,000 is to be paid to Dennis Gay for past monetary losses,
55NOW, THEREFORE,
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  The facts stated in the preamble to this act
60are found and declared to be true.
61     Section 2.  There is appropriated from the General Revenue
62Fund to the Department of Transportation the sum of $700,000 for
63the relief of Dennis Gay as compensation for injuries and
64damages sustained. Of the funds awarded under this section,
65$500,000 shall be placed in a special needs trust created for
66the use and benefit of Dennis Gay and $200,000 shall be paid to
67Dennis Gay as compensation for past monetary losses. Any funds
68remaining in the special needs trust upon the death of Dennis
69Gay shall revert to the General Revenue Fund of the State of
70Florida.
71     Section 3.  The Chief Financial Officer is directed to draw
72a warrant in favor of Dennis Gay in the sum of $700,000 upon
73funds in the State Treasury to the credit of the Department of
74Transportation, and the Chief Financial Officer is directed to
75pay the same out of such funds in the State Treasury not
76otherwise appropriated.
77     Section 4.  Any amount paid by the Department of
78Transportation pursuant to the waiver of sovereign immunity
79permitted under s. 768.28, Florida Statutes, and the award under
80this act are intended to provide the sole compensation for all
81present and future claims arising out of the factual situation
82described in the preamble to this act which resulted in injuries
83and damages to Dennis Gay. The total amount paid for attorney's
84fees, lobbying fees, costs, and other similar expenses relating
85to this claim may not exceed 25 percent of the amount awarded
86under section 2 of this act.
87     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.