Florida Senate - 2010 (NP) SB 32 By Senator Fasano 11-00122-10 201032__ 1 A bill to be entitled 2 An act for the relief of Amie Draiemann Stephenson, 3 individually and as Personal Representative of the 4 Estate of Christian Darby Stephenson, deceased, and 5 for the relief of Hailey Morgan Stephenson and 6 Christian Darby Stephenson, II, as surviving minor 7 children of the decedent; providing an appropriation 8 to compensate them for the wrongful death of Christian 9 Darby Stephenson, which was due in part to the 10 negligence of the Department of Transportation; 11 providing a limitation on the payment of fees and 12 costs; providing an effective date. 13 14 WHEREAS, on August 12, 2000, 29-year-old Christian Darby 15 Stephenson was driving a gasoline tanker eastbound on the Hart 16 Bridge Expressway in Duval County, and 17 WHEREAS, at the base of the bridge was a large pool of 18 standing water which was caused by a clogged drain, and 19 WHEREAS, the Department of Transportation was responsible 20 for the maintenance of the drains at that location on the Hart 21 Bridge Expressway, and 22 WHEREAS, as Mr. Stephenson drove over the bridge, a Jeep 23 that was traveling toward the tanker hit the puddle and 24 hydroplaned, and 25 WHEREAS, Christian Stephenson took evasive action to avoid 26 hitting the Jeep and two other vehicles that had been involved 27 in previous accidents and were parked in the striped safety zone 28 alongside the expressway, and 29 WHEREAS, Mr. Stephenson attempted to make a hard right turn 30 onto the Atlantic Avenue exit so as to avoid those three other 31 vehicles, but, as he tried to take the exit, the gasoline tanker 32 jackknifed, struck the guardrail, overturned, and exploded, and 33 WHEREAS, Christian Darby Stephenson was subsequently 34 pronounced dead at the scene, and 35 WHEREAS, Mr. Stephenson’s widow, Amie Draiemann Stephenson, 36 brought suit against the Department of Transportation in the 37 Circuit Court of the Fourth Judicial Circuit, in and for Duval 38 County, Florida (Case No. 01-03428 CA), and, on March 22, 2005, 39 the jury returned a verdict that charged the Department of 40 Transportation with 36 percent of the negligence that was a 41 legal cause of Mr. Stephenson’s death, and 42 WHEREAS, the jury verdict states the jury’s determination 43 that the total amount of damages sustained by Christian Darby 44 Stephenson’s estate is $1.3 million; the total amount sustained 45 by Amie Draiemann Stephenson is $763,000; the total amount 46 sustained by Hailey Morgan Stephenson is $1 million; and the 47 total amount sustained by Christian Darby Stephenson, II, is 48 $526,000, and 49 WHEREAS, 36 percent of the aggregate sum of the damages 50 awarded to Mr. Stephenson’s estate and the named survivors under 51 the final judgment is $1,292,040, plus taxable costs, and 52 WHEREAS, after the Department of Transportation has paid 53 $200,000, as allowed under s. 768.28, Florida Statutes, the 54 remainder subject to being awarded under this act is $1,092,040, 55 plus taxable costs, NOW, THEREFORE, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. The facts stated in the preamble to this act are 60 found and declared to be true. 61 Section 2. The Chief Financial Officer is directed to draw 62 a warrant in the sum of $1,092,040, plus taxable costs, upon the 63 funds of the Department of Transportation in the State Treasury 64 not otherwise appropriated, payable to Amie Draiemann 65 Stephenson, as Personal Representative of the Estate of 66 Christian Darby Stephenson, to compensate Mrs. Stephenson and 67 the surviving minor children of Mr. and Mrs. Stephenson, Hailey 68 Morgan Stephenson and Christian Darby Stephenson, II, for the 69 wrongful death of Christian Darby Stephenson. 70 Section 3. The amount paid by the Department of 71 Transportation pursuant to s. 768.28, Florida Statutes, and the 72 amount awarded under this act are intended to provide the sole 73 compensation for all present and future claims arising out of 74 the factual situation described in this act which resulted in 75 the death of Christian Darby Stephenson. The total amount paid 76 for attorney’s fees, lobbying fees, costs, and other similar 77 expenses relating to this claim may not exceed 25 percent of the 78 amount awarded under this act. 79 Section 4. This act shall take effect upon becoming a law.