HB 519

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 compensate
4	him for injuries sustained as a result of the negligence
5	of the City of Hollywood; providing a limitation on the
6	payment of fees and costs; providing an effective date.
7
8	WHEREAS, on July 30, 2002, Ronald Miller was driving his
9	pickup truck home from work, northbound on Federal Highway in
10	the left-turn lane, and
11	WHEREAS, at that time, a City of Hollywood employee, Robert
12	Mettler, who was driving a city utilities truck, cut across the
13	lanes of northbound traffic and crashed into Mr. Miller's
14	vehicle head-on, and
15	WHEREAS, Mr. Mettler should not have been allowed to drive
16	a city vehicle, given his extensive history of drunken driving
17	and traffic violations, and
18	WHEREAS, the impact of the crash caused Mr. Miller to
19	suffer two herniated disks in his neck, which require surgery
20	that he cannot afford, and he has had multiple surgeries to
21	correct torn ligaments in both knees, and
22	WHEREAS, after the knee surgeries, Mr. Miller had to be
23	rehospitalized several times due to complications, including
24	deep-venous thrombosis and pulmonary embolism, and
25	WHEREAS, according to his orthopedic surgeon, Steven
26	Wender, M.D., Mr. Miller will require knee replacements on both
27	legs over the next 40 years of his life every 7 to 13 years, at
28	a cost of approximately $100,000 per surgery, and is likely to
29	require additional medical care for his back, and
30	WHEREAS, Mr. Miller's past medical expenses total
31	approximately $75,000, and
32	WHEREAS, the City Attorney informed the Hollywood City
33	Commission that it was likely to face a substantial adverse
34	verdict in the case but did not attempt to reach a reasonable
35	settlement given the city's exposure to liability and damages,
36	and
37	WHEREAS, the jury found in favor of Ronald Miller and a
38	Final Judgment was entered in the amount of $1,130,731.89, which
39	included approximately $75,000 for past medical bills and
40	$415,000 for future medical expenses, $200,000 for past pain and
41	suffering, and $500,000 for future pain and suffering, and
42	WHEREAS, a Cost Judgment was entered in favor of Ronald
43	Miller for $17,257.82, and
44	WHEREAS, the City of Hollywood filed a frivolous posttrial
45	motion, which was summarily denied by the trial judge, an
46	appeal, for which the Fourth District Court of Appeals affirmed
47	the judgment per curiam, and a motion for rehearing of the
48	appeal, which was summarily denied by the appellate court, and
49	WHEREAS, the City of Hollywood has paid $100,000 to Ronald
50	Miller under the statutory limits of liability set forth in s.
51	768.28, Florida Statutes, leaving the sum of $1,047,989.71
52	unpaid, NOW, THEREFORE,
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  The facts stated in the preamble to this act
57	are found and declared to be true.
58	Section 2.  The City of Hollywood is authorized and
59	directed to appropriate from funds of the city not otherwise
60	appropriated and to draw a warrant payable to Ronald Miller for
61	the total amount of $1,047,989.71 as compensation for injuries
62	and damages sustained as a result of the negligence of the City
63	of Hollywood.
64	Section 3.  The amount awarded under this act is intended
65	to provide the sole compensation for all present and future
66	claims arising out of the factual situation described in this
67	act which resulted in injuries to Ronald Miller. The total
68	amount paid for attorney's fees, lobbying fees, costs, and other
69	similar expenses relating to this claim may not exceed 25
70	percent of the amount awarded under this act.
71	Section 4.  This act shall take effect upon becoming a law.

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