HB 569

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 have not 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 and he has had multiple
20	surgeries to correct torn ligaments in both knees, and
21	WHEREAS, after the knee surgeries, Mr. Miller had to be
22	rehospitalized due to complications, including deep-venous
23	thrombosis and pulmonary embolism, and
24	WHEREAS, according to his orthopedic surgeon, Steven
25	Wender, M.D., Mr. Miller will require knee replacements on both
26	legs over the next 40 years of his life every 7 to 13 years, at
27	a cost of approximately $100,000 per surgery, and is likely to
28	require additional medical care for his neck, and
29	WHEREAS, Mr. Miller's past medical expenses total
30	approximately $75,000, and
31	WHEREAS, the City Attorney informed the Hollywood City
32	Commission that it was likely to face a substantial adverse
33	verdict in the case but did not attempt to reach a reasonable
34	settlement given the city's exposure to liability and damages,
35	and
36	WHEREAS, the jury found in favor of Ronald Miller and a
37	Final Judgment was entered in the amount of $1,130,731.89, which
38	included approximately $75,000 for past medical bills and
39	$415,000 for future medical expenses, $200,000 for past pain and
40	suffering, and $500,000 for future pain and suffering, and
41	WHEREAS, a Cost Judgment was entered in favor of Mr. Miller
42	for $17,257.82, and
43	WHEREAS, the City of Hollywood filed a frivolous posttrial
44	motion, which was summarily denied by the trial judge, an
45	appeal, for which the Fourth District Court of Appeal affirmed
46	the judgment per curiam, and a motion for rehearing of the
47	appeal, which was summarily denied by the appellate court, and
48	WHEREAS, the City of Hollywood has paid $100,000 to Ronald
49	Miller under the statutory limits of liability set forth in s.
50	768.28, Florida Statutes, leaving the sum of $1,047,989.71
51	unpaid, NOW, THEREFORE,
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  The facts stated in the preamble to this act
56	are found and declared to be true.
57	Section 2.  The City of Hollywood is authorized and
58	directed to appropriate from funds of the city not otherwise
59	appropriated and to draw a warrant, payable to Ronald Miller,
60	for the total amount of $1,047,989.71 as compensation for
61	injuries and damages sustained as a result of the negligence of
62	the City of Hollywood.
63	Section 3.  The amount paid by the City of Hollywood
64	pursuant to s. 768.28, Florida Statutes, and the amount awarded
65	under this act are intended to provide the sole compensation for
66	all present and future claims arising out of the factual
67	situation described in this act which resulted in injuries to
68	Ronald Miller. The total amount paid for attorney's fees,
69	lobbying fees, costs, and other similar expenses relating to
70	this claim may not exceed 25 percent of the amount awarded under
71	this act.
72	Section 4.  This act shall take effect upon becoming a law.

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