Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 4 Barcode 615420 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/16/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Gardiner) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. The facts stated in the preamble to this act are 6 found and declared to be true. 7 Section 2. The Sheriff of Broward County is authorized and 8 directed to appropriate from funds of the Broward County 9 Sheriff’s Office not otherwise appropriated and to draw a 10 warrant payable to the Guardianship of Eric Brody for one-half 11 of all amounts that remain unpaid in accordance with the final 12 judgment, plus the cost judgment, in the sum of $15,575,021.30 13 as compensation for injuries and damages sustained as a result 14 of the negligence of the Broward County Sheriff’s Office. 15 Section 3. The amount to be paid by the Broward County 16 Sheriff’s Office pursuant to s. 768.28, Florida Statutes, and 17 the amount awarded under this act are intended to provide the 18 sole compensation for all claims arising out of the facts 19 described in this act which resulted in the injuries to Eric 20 Brody. The total amount of attorney’s fees, lobbying fees, 21 costs, and other similar expenses may not exceed 25 percent of 22 the total amount awarded under section 2 of this act. 23 Section 4. It is the intent of the Legislature that one 24 half of the lien interests held by the state resulting from the 25 treatment and care of Eric Brody for the events described in the 26 preamble of this act are not waived and extinguished, and the 27 claimant’s guardianship shall reimburse the state for one-half 28 of the expenses of Medicaid, Medicare, or the Agency for Health 29 Care Administration pursuant to s. 409.910, Florida Statutes. 30 The claimant’s guardianship shall pay the amount due pursuant to 31 this act prior to distributing any funds to the claimant. 32 Section 5. This act shall take effect upon becoming a law. 33 34 ================= T I T L E A M E N D M E N T ================ 35 And the title is amended as follows: 36 Delete everything before the enacting clause 37 and insert: 38 A bill to be entitled 39 An act for the relief of Eric Brody by the Broward 40 County Sheriff’s Office; providing for an 41 appropriation to compensate Eric Brody for injuries 42 sustained as a result of the negligence of the Broward 43 County Sheriff’s Office; providing a limitation on the 44 payment of fees and costs related to the claim against 45 the Broward County Sheriff’s Office; providing 46 legislative intent regarding lien interests held by 47 the state; requiring that the guardianship pay a 48 portion of such liens before distributing funds to the 49 claimant; providing an effective date. 50 51 WHEREAS, on the evening of March 3, 1998, 18-year-old Eric 52 Brody, a college-bound high school senior, was returning home 53 from his part-time job at the Sawgrass Mills Sports Authority. 54 Eric was driving his 1982 AMC Concord eastbound on Oakland Park 55 Boulevard in Sunrise, Florida, and 56 WHEREAS, that same evening, Broward County Sheriff’s Deputy 57 Christopher Thieman, who had been visiting his girlfriend and 58 was running late for duty, was driving his Broward County 59 Sheriff’s Office cruiser westbound on Oakland Park Boulevard. At 60 the time he left his girlfriend’s house, Deputy Thieman had less 61 than 15 minutes to travel 11 miles to make roll call on time, 62 which was mandatory pursuant to sheriff’s office policy and 63 procedure, and 64 WHEREAS, at approximately 10:36 p.m., Eric Brody began to 65 make a left-hand turn into his neighborhood at the intersection 66 of N.W. 117th Avenue and Oakland Park Boulevard. Deputy Thieman, 67 who was driving in excess of the 45-mile-per-hour posted speed 68 limit and traveling in the opposite direction, was not within 69 the intersection and was more than 430 feet away from Eric 70 Brody’s car when Eric Brody began the turn. Eric Brody’s car 71 cleared two of the three westbound lanes on Oakland Park 72 Boulevard, and 73 WHEREAS, Deputy Thieman, who was traveling in the inside 74 westbound lane closest to the median, suddenly and inexplicably 75 steered his vehicle to the right, across the center lane and 76 into the outside lane, where the front end of his car struck the 77 passenger side of Eric’s car with great force, just behind the 78 right front wheel and near the passenger door, and 79 WHEREAS, Deputy Thieman testified at trial that although he 80 knew that the posted speed limit was 45 miles per hour, he 81 refused to provide an estimate as to how fast he was traveling 82 before the crash, and 83 WHEREAS, in the course of the investigation, the Broward 84 County Sheriff’s Office lost key evidence from the crashed 85 vehicles and did not report any witnesses even though the first 86 responders to the crash scene were police officers from the City 87 of Sunrise, and 88 WHEREAS, the Broward County detective who led the crash 89 investigation entered inaccurate data into a computerized 90 accident reconstruction program which skewed the speed that 91 Deputy Thieman was driving, but, nevertheless, determined that 92 he was still traveling well over the speed limit, and 93 WHEREAS, accident reconstruction experts called by both 94 parties testified that Deputy Thieman was driving at least 60 to 95 more than 70 miles per hour when his vehicle slammed into the 96 passenger side of Eric Brody’s car, and 97 WHEREAS, Eric Brody was found unconscious 6 minutes later 98 by paramedics, his head and upper torso leaning upright and 99 toward the passenger-side door. Although he was out of his 100 shoulder harness and seat belt by the time paramedics arrived, 101 the Brody’s attorney proved that Eric was wearing his seat belt 102 and that the 16-year-old seat belt buckle failed during the 103 crash. Photographs taken at the scene by the sheriff’s office 104 investigators showed the belt to be fully spooled out because 105 the retractor was jammed, with the belt dangling outside the 106 vehicle from the driver-side door, providing proof that Eric 107 Brody was wearing his seat belt and shoulder harness during the 108 crash, and 109 WHEREAS, accident reconstruction and human factor experts 110 called by both the plaintiff and the defendant agreed that if 111 Deputy Thieman been driving at the speed limit, Eric Brody would 112 have easily completed his turn, and 113 WHEREAS, the experts also agreed that if Deputy Thieman 114 simply remained within his lane of travel, regardless of his 115 speed, there would not have been a collision, and 116 WHEREAS, in order to investigate the seat-belt defense, 117 experts for Eric Brody recreated the accident using an exact 118 car-to-car crash test that was conducted by a nationally 119 recognized crash test facility. The crash test involved vehicles 120 identical to the Brody and Thieman vehicles, a fully 121 instrumented hybrid III dummy, and high-speed action cameras, 122 and 123 WHEREAS, the crash test proved that Eric Brody was wearing 124 his restraint system during the crash because the seat-belted 125 test dummy struck its head on the passenger door within inches 126 of where Eric Brody’s head actually struck the passenger door, 127 and 128 WHEREAS, when Eric Brody’s head struck the passenger door 129 of his vehicle, the door crushed inward from the force of the 130 impact with the police cruiser while at the same time his upper 131 torso was moving toward the point of impact and the passenger 132 door. The impact resulted in skull fractures and massive brain 133 sheering, bleeding, bruising, and swelling, and 134 WHEREAS, Eric Brody was airlifted by helicopter to Broward 135 General Hospital where he was placed on a ventilator and 136 underwent an emergency craniotomy and neurosurgery. He began to 137 recover from a deep coma more than 7 months after his injury and 138 underwent extensive rehabilitation, having to relearn how to 139 walk, talk, feed himself, and perform other basic functions, and 140 WHEREAS, Eric Brody, who is now 32 years old, has been left 141 profoundly brain-injured, lives with his parents, and is mostly 142 isolated from his former friends and other young people his age. 143 His speech is barely intelligible and he has significant 144 cognitive dysfunction, judgment impairment, memory loss, and 145 neuro-visual disabilities. Eric Brody also has impaired fine and 146 gross motor skills and very poor balance. Although Eric is able 147 to use a walker for short distances, he mostly uses a wheelchair 148 to get around. The entire left side of his body is partially 149 paralyzed and spastic, and he needs help with many of his daily 150 functions. Eric Brody is permanently and totally disabled; 151 however, he has a normal life expectancy, and 152 WHEREAS, the cost of Eric Brody’s life care plan is nearly 153 $10 million, and he has been left totally dependent on public 154 health programs and taxpayer assistance since 1998, and 155 WHEREAS, the Broward County Sheriff’s Office was insured 156 for this claim through Ranger Insurance Company and paid more 157 than $400,000 for liability coverage, and 158 WHEREAS, on December 1, 2005, after a 2-month trial, a 159 Broward County jury consisting of three men and three women 160 found that that Deputy Thieman and the Broward County Sheriff’s 161 Office were 100 percent negligent, and Eric Brody was not 162 comparatively negligent, and 163 WHEREAS, the jury found Eric Brody’s damages to be 164 $30,609,298, including a determination that his past and future 165 care and other economic damages were $11,326,216, and 166 WHEREAS, final judgment was entered for $30,609,298, and 167 the court entered a cost judgment for $270,372.30, for a total 168 of $30,879,670.30, and 169 WHEREAS, the court denied the Broward County Sheriff’s 170 Office posttrial motions for judgment notwithstanding the 171 verdict, new trial, or remittitur, and 172 WHEREAS, the insurer of the Broward County Sheriff’s Office 173 retained appellate counsel and elected to appeal the final 174 judgment but not the cost judgment, and 175 WHEREAS, the Fourth District Court of Appeal upheld the 176 verdict in the fall of 2007, and 177 WHEREAS, the insurer of the Broward County Sheriff’s Office 178 subsequently petitioned the Florida Supreme Court to seek 179 another appeal, but the petition was denied in April of 2008, 180 and 181 WHEREAS, all legal remedies for all parties involved have 182 been exhausted and this case is ripe for a claim bill, and 183 WHEREAS, the Broward County Sheriff’s Office has paid 184 $200,000 pursuant to s. 768.28, Florida Statutes, and the amount 185 of $15,575,021.30 is sought through the submission of a claim 186 bill to the Legislature, NOW, THEREFORE,