Amendment
Bill No. CS/SB 42
Amendment No. 972699
CHAMBER ACTION
Senate House
.
.
.






1Representative Tobia offered the following:
2
3     Amendment
4     Remove lines 14-169 and insert:
5     WHEREAS, on the evening of March 3, 1998, 18-year-old Eric
6Brody, a college-bound high school senior, was returning home
7from his part-time job. Eric was driving his 1982 AMC Concord
8eastbound on Oakland Park Boulevard in Sunrise, Florida, and
9     WHEREAS, that same evening, Broward County Sheriff's Deputy
10Christopher Thieman was driving his Broward County Sheriff's
11Office cruiser westbound on Oakland Park Boulevard, and
12     WHEREAS, Eric Brody began to make a left-hand turn into his
13neighborhood from Oakland Park Boulevard. Deputy Thieman was
14driving in excess of the 45-mile-per-hour posted speed limit and
15traveling in the opposite direction. Eric Brody's car cleared
16two of the three westbound lanes on Oakland Park Boulevard, and
17     WHEREAS, the front end of Deputy Thieman's car struck the
18passenger side of Eric's car with great force, just behind the
19right front wheel and near the passenger door, and
20     WHEREAS, Eric Brody was airlifted by helicopter to Broward
21General Hospital where he was placed on a ventilator and
22underwent an emergency craniotomy and neurosurgery. He began to
23recover from a deep coma more than 7 months after his injury and
24underwent extensive rehabilitation, having to relearn how to
25walk, talk, feed himself, and perform other basic functions, and
26     WHEREAS, on December 1, 2005, after a 2-month trial, a
27Broward County jury found that Deputy Thieman and the Broward
28County Sheriff's Office were 100 percent negligent, and Eric
29Brody was not comparatively negligent, and
30     WHEREAS, final judgment was entered for $30,609,298, and
31the court entered a cost judgment for $270,372.30, and
32     WHEREAS, all legal remedies for all parties involved have
33been exhausted, and this case is ripe for a claim bill, and
34     WHEREAS, the Broward County Sheriff's Office has paid
35$200,000 pursuant to s. 768.28, Florida Statutes, and the final
36judgment and cost judgment remainder in the amount of
37$30,679,298.30 is sought through the submission of a claim bill
38to the Legislature, NOW, THEREFORE,


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