Florida Senate - 2012                              (NP)    SB 42
       By Senator Flores
       38-00191-12                                             201242__
    1                        A bill to be entitled                      
    2         An act for the relief of James D. Feurtado, III, by
    3         Miami-Dade County; providing for an appropriation to
    4         compensate him for injuries he sustained as a result
    5         of the negligence of an employee of Miami-Dade County;
    6         providing a limitation on the payment of fees and
    7         costs; providing an effective date.
    9         WHEREAS, on February 12, 2009, James D. Feurtado, III, age
   10  37 at the time of the accident, sustained serious and permanent
   11  neurologic and orthopedic injuries in a bus accident at
   12  approximately 7 p.m. at the intersection of Pisano Avenue and
   13  University Drive in Coral Gables, and
   14         WHEREAS, the Miami-Dade County bus operator failed to stop
   15  at the stop sign at this intersection before making a right-hand
   16  turn and collided into James D. Feurtado, III, a pedestrian,
   17  thereby causing him severe orthopedic and neurological injuries,
   18  and
   19         WHEREAS, the bus operator was found guilty of violating s.
   20  316.123(2)(a), Florida Statutes, for failing to obey the stop
   21  sign and was disciplined by Miami-Dade County for various
   22  violations of safety policies and procedures, and
   23         WHEREAS, Mr. Feurtado was transported to the Ryder Trauma
   24  Center, where he was found to have sustained a large extra-axial
   25  hematoma in the left hemisphere of the brain with mass effect
   26  and mid-line shift, a large left hemispheric subarachnoid
   27  hemorrhage, as well as left temporal, parietal, and bi-frontal
   28  hemorrhagic contusions. He also sustained a right maxillary
   29  sinus fracture involving the anterior and lateral wall extending
   30  into the floor and lateral wall of the orbit, and fracture to
   31  the right zygomatic arch and temporal bone, and
   32         WHEREAS, Mr. Feurtado underwent a left frontoparietal
   33  craniotomy with evacuation of the subdural hematoma and
   34  placement of a drain. He developed post-traumatic communicating
   35  hydrocephalus, ultimately requiring further surgery to place a
   36  ventriculoperitoneal shunt in order to reduce the brain swelling
   37  to a point where a cranioplasty was performed, and
   38         WHEREAS, Mr. Feurtado has profound sensorineural hearing
   39  loss to the right and has been evaluated for a BAHA implant
   40  procedure in the future, and
   41         WHEREAS, Mr. Feurtado underwent extensive
   42  neuropsychological and psychological evaluation, and
   43         WHEREAS, Mr. Feurtado has permanent brain damage,
   44  unilateral deafness, vertigo, headaches, psychiatric sequelae, a
   45  shunt, scarring, and skull defect, and
   46         WHEREAS, Mr. Feurtado underwent assessment by a vocational
   47  rehabilitation and life-care planner, and
   48         WHEREAS, the total present value of Mr. Feurtado’s economic
   49  damages from this incident is calculated to be $1,823,468, which
   50  consists of his future and past lost earning capacity of
   51  $508,083, anticipated future medical expenses of $1,176,840, and
   52  past medical expenses of $138,545, and
   53         WHEREAS, Miami-Dade County and Mr. Feurtado reached a
   54  settlement agreement by mediation in the amount of $1.25
   55  million, of which $100,000 has been paid to Mr. Feurtado
   56  pursuant to the limits of liability set forth in s. 768.28,
   57  Florida Statutes, and the remainder is conditioned upon the
   58  passage of a claim bill, which is unopposed, in the amount of
   59  $1.15 million, NOW, THEREFORE,
   61  Be It Enacted by the Legislature of the State of Florida:
   63         Section 1. The facts stated in the preamble to this act are
   64  found and declared to be true.
   65         Section 2. Miami-Dade County is authorized and directed to
   66  appropriate from funds of the county not otherwise appropriated
   67  and to draw a warrant in the sum of $1.15 million, payable to
   68  James D. Feurtado, III, as compensation for injuries and damages
   69  sustained as a result of the negligence of an employee of Miami
   70  Dade County.
   71         Section 3. The amount paid by Miami-Dade County pursuant to
   72  s. 768.28, Florida Statutes, and the amount awarded under this
   73  act are intended to provide the sole compensation for all
   74  present and future claims arising out of the factual situation
   75  described in this act which resulted in injuries to James D.
   76  Feurtado, III. The total amount paid for attorney’s fees,
   77  lobbying fees, costs, and other similar expenses relating to
   78  this claim may not exceed 25 percent of the total amount awarded
   79  under this act.
   80         Section 4. This act shall take effect upon becoming a law.