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. 8 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, 60 61 Be It Enacted by the Legislature of the State of Florida: 62 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.