HB 1339

1	A bill to be entitled
2	An act for the relief of Thomas and Karen Brandi by the
3	city of Haines City; providing for an appropriation to
4	compensate them for injuries sustained as a result of the
5	negligence of the city of Haines City; providing a
6	limitation on the payment of fees and costs; providing an
7	effective date.
8
9	WHEREAS, Thomas Brandi was involved in a two-vehicle
10	accident that occurred on March 26, 2005, on U.S. Highway 27 in
11	Haines City, Florida, and
12	WHEREAS, Thomas Brandi was traveling alone and turning onto
13	U.S. Highway 27 from Southern Dunes Boulevard on a green arrow
14	when his vehicle was broadsided on the driver's side by a Haines
15	City police car operated by Officer Pamela Graham, and
16	WHEREAS, Officer Graham entered the intersection despite a
17	red light and impacted the driver's side door of Mr. Brandi's
18	vehicle in excess of 45 miles per hour, and
19	WHEREAS, Officer Graham failed to operate her vehicle in a
20	reasonably safe manner and conducted herself in direct violation
21	of procedures of the Haines City Police Department, and
22	WHEREAS, although she claimed that she was responding to a
23	distress call, there was no evidence to support this statement
24	and the internal investigation conducted by the Haines City
25	Police Department concluded that she was neither called nor
26	dispatched to the location where she was headed, and
27	WHEREAS, the internal investigation conducted by the Haines
28	City Police Department found her to be at fault in the accident,
29	and
30	WHEREAS, as a result of the crash, Thomas Brandi sustained
31	life-threatening injuries, including an aortic arch tear with
32	contained hematoma and suggestion of active bleeding, a
33	fractured rib, a right fibula fracture, a fractured sternum, a
34	left acetabulum fracture, multiple right inferior pubic ramus
35	fractures, and severe traumatic brain injury resulting in
36	cognitive disorder, complex personality change, depressive
37	disorder, pain disorder, post-traumatic stress disorder, and
38	panic disorder, and
39	WHEREAS, Thomas Brandi's medical expenses at the time of
40	trial exceeded $156,000, and
41	WHEREAS, after a trial, a jury entered a verdict assessing
42	the city of Haines City 60 percent liability for the injuries
43	sustained by Mr. Brandi in the accident, and assessing Thomas
44	Brandi 40 percent liability for the accident, and
45	WHEREAS, future medical expenses and lost earning ability
46	in the future totaled $903,000, and the verdict included an
47	award for past medical expenses and lost wages in the amount of
48	$279,330, and
49	WHEREAS, Thomas Brandi was awarded $450,000 in damages for
50	past and future pain and suffering and Karen Brandi was awarded
51	$175,000 in damages for past and future loss of consortium, and
52	WHEREAS, after reduction for comparative negligence, the
53	net award to Thomas and Karen Brandi was $1,084,396, and
54	WHEREAS, a stipulated cost judgment in the amount of
55	$94,049.84 was entered by the trial court, and the City of
56	Haines City paid $200,000 to Thomas and Karen Brandi in
57	satisfaction of sovereign immunity limits, NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  The facts stated in the preamble to this act
62	are found and declared to be true.
63	Section 2.  The city of Haines City is authorized and
64	directed to appropriate from funds of the city not otherwise
65	appropriated and to draw a warrant in the amount of $978,445.84,
66	payable to Thomas and Karen Brandi, as compensation for injuries
67	and damages sustained.
68	Section 3.  The amount paid pursuant to s. 768.28, Florida
69	Statutes, and the amount awarded under this act are intended to
70	provide the sole compensation for all present and future claims
71	arising out of the factual situation described in this act which
72	resulted in injuries to Thomas and Karen Brandi. The total
73	amount paid for attorney's fees, lobbying fees, costs, and other
74	similar expenses relating to this claim may not exceed 25
75	percent of the total amount awarded under this act.
76	Section 4.  This act shall take effect upon becoming a law.

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