HB 1013

1
A bill to be entitled
2An act for the relief of James D. Feurtado, III, by Miami-
3Dade County; providing for an appropriation to compensate
4him for injuries he sustained as a result of the
5negligence of an employee of Miami-Dade County; providing
6a limitation on the payment of fees and costs; providing
7an effective date.
8
9     WHEREAS, on February 12, 2009, James D. Feurtado, III, age
1038, sustained serious and permanent neurologic and orthopedic
11injuries in a bus accident at approximately 7 p.m. at the
12intersection of Pisano Avenue and University Drive in Coral
13Gables, and
14     WHEREAS, the Miami-Dade County bus operator failed to stop
15at the stop sign at this intersection before making a right-hand
16turn and collided into James D. Feurtado, III, a pedestrian,
17thereby causing him severe orthopedic and neurological injuries,
18and
19     WHEREAS, the bus operator was found guilty of violating s.
20316.123(2)(a), Florida Statutes, for failing to obey the stop
21sign and was disciplined by Miami-Dade County for various
22violations of safety policies and procedures, and
23     WHEREAS, Mr. Feurtado was transported to the Ryder Trauma
24Center, where he was found to have sustained a large extra-axial
25hematoma in the left hemisphere of the brain with mass effect
26and mid-line shift, a large left hemispheric subarachnoid
27hemorrhage, as well as left temporal, parietal, and bi-frontal
28hemorrhagic contusions. He also sustained a right maxillary
29sinus fracture involving the anterior and lateral wall extending
30into the floor and lateral wall of the orbit, and fracture to
31the right zygomatic arch and temporal bone, and
32     WHEREAS, Mr. Feurtado underwent a left frontoparietal
33craniotomy with evacuation of the subdural hematoma and
34placement of a drain. He developed post-traumatic communicating
35hydrocephalus, ultimately requiring further surgery to place a
36ventriculoperitoneal shunt in order to reduce the brain swelling
37to a point where a cranioplasty was performed, and
38     WHEREAS, Mr. Feurtado has profound sensorineural hearing
39loss to the right and has been evaluated for a BAHA implant
40procedure in the future, and
41     WHEREAS, Mr. Feurtado underwent extensive
42neuropsychological and psychological evaluation, and
43     WHEREAS, Mr. Feurtado has permanent brain damage,
44unilateral deafness, vertigo, headaches, psychiatric sequelae, a
45shunt, scarring, and skull defect, and
46     WHEREAS, Mr. Feurtado underwent assessment by a vocational
47rehabilitation and life-care planner, and
48     WHEREAS, the total present value of Mr. Feurtado's economic
49damages from this incident is calculated to be $1,823,468, which
50consists of his future and past lost earning capacity of
51$508,083, anticipated future medical expenses of $1,176,840, and
52past medical expenses of $138,545, and
53     WHEREAS, Miami-Dade County and Mr. Feurtado reached a
54settlement agreement by mediation in the amount of $1.25
55million, of which $100,000 has been paid to Mr. Feurtado
56pursuant to the limits of liability set forth in s. 768.28,
57Florida Statutes, and the remainder is conditioned upon the
58passage of a claim bill, which is unopposed, in the amount of
59$1.15 million, NOW, THEREFORE,
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  The facts stated in the preamble to this act
64are found and declared to be true.
65     Section 2.  Miami-Dade County is authorized and directed to
66appropriate from funds of the county not otherwise appropriated
67and to draw a warrant in the sum of $1.15 million, payable to
68James D. Feurtado, III, as compensation for injuries and damages
69sustained.
70     Section 3.  The amount paid by Miami-Dade County pursuant
71to s. 768.28, Florida Statutes, and the amount awarded under
72this act are intended to provide the sole compensation for all
73present and future claims arising out of the factual situation
74described in this act which resulted in injuries to James D.
75Feurtado, III. The total amount paid for attorney's fees,
76lobbying fees, costs, and other similar expenses relating to
77this claim may not exceed 25 percent of the total amount awarded
78under this act.
79     Section 4.  This act shall take effect upon becoming a law.


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