HB 697

1	A bill to be entitled
2	An act for the relief of Donald Brown by the District
3	School Board of Sumter County; providing for an
4	appropriation to compensate Donald Brown for injuries
5	sustained as a result of the negligence of an employee
6	of the District School Board of Sumter County;
7	providing a limitation on the payment of fees and
8	costs; providing an effective date.
9
10	WHEREAS, on October 18, 2004, at approximately 6:45 a.m.,
11	Donald Brown was driving his Harley-Davidson motorcycle
12	eastbound on County Road 470 and was approaching the
13	intersection with County Road 475 in Bushnell, Florida, and
14	WHEREAS, Patsy C. Foxworth was operating a school bus,
15	owned by the District School Board of Sumter County, on County
16	Road 475 in Bushnell, Florida, and
17	WHEREAS, Patsy C. Foxworth was operating and driving the
18	motor vehicle with the permission and consent of its owner, the
19	District School Board of Sumter County, and
20	WHEREAS, at that time and place, Patsy C. Foxworth
21	negligently operated the Sumter County school bus by pulling in
22	front of Donald Brown in an attempt to make a left turn, which
23	caused a collision with his motorcycle, and
24	WHEREAS, the District School Board of Sumter County is
25	vicariously liable for the negligence of Patsy C. Foxworth under
26	the doctrine of respondeat superior, s. 768.28(9)(a), Florida
27	Statutes, and
28	WHEREAS, upon the impact with the Sumter County school bus,
29	Donald Brown sustained a life-changing injury, and his right
30	lower leg was amputated instantly below the knee as his leg and
31	foot were pinned between the bumper of the bus and motorcycle,
32	and
33	WHEREAS, Donald Brown seeks to recover damages for his
34	bodily injury, including a permanent injury to the body as a
35	whole, past and future pain and suffering of both a physical and
36	mental nature, disability, physical impairment, disfigurement,
37	mental anguish, inconvenience, loss of capacity for the
38	enjoyment of life, expense of hospitalization, medical and
39	nursing care and treatment, loss of earnings, loss of ability to
40	earn money, and loss of ability to lead and enjoy a normal life,
41	and
42	WHEREAS, Donald Brown was airlifted to Orlando Regional
43	Medical Center and was hospitalized from October 18, 2004, to
44	October 27, 2004, where he was taken to surgery on October 18,
45	2004, to complete a below-the-knee amputation of his right leg,
46	and
47	WHEREAS, Donald Brown underwent additional surgeries on
48	October 25, 2004, and October 28, 2004, to care for the wound
49	and to do skin grafts from his left thigh to cover an area of
50	approximately 45 by 30 cm on his right leg, and
51	WHEREAS, Donald Brown was transferred to Shands Hospital in
52	Gainesville, Florida, for rehabilitation from November 2, 2004,
53	to November 12, 2004, and
54	WHEREAS, as a result of the injuries incurred on October
55	18, 2004, Donald Brown required the use of a prosthetic leg,
56	which resulted in ulcers requiring additional surgery on January
57	17, 2006, and
58	WHEREAS, the effects of the injuries have been devastating,
59	restricting Donald Brown's ability to work and enjoy life, and
60	WHEREAS, Donald Brown incurred medical expenses in the
61	amount of $421,693.60 and was medically retired from his federal
62	employment at the Federal Bureau of Prisons in Coleman, Florida,
63	where he was earning $42,000 a year, and
64	WHEREAS, Donald Brown lived a full life before his accident
65	on October 18, 2004, had a zest and vigor for life, and was very
66	active in recreational, social, and sporting activities, and
67	WHEREAS, a lawsuit was brought against the District School
68	Board of Sumter County by Donald Brown, and, after a lengthy
69	jury trial, the jury found the school board liable for Donald
70	Brown's injuries and awarded him damages in the amount of
71	$2,941,240.60, and
72	WHEREAS, the Honorable Michelle T. Morley, Circuit Court
73	Judge from the Fifth Judicial Circuit in Sumter County, entered
74	a final judgment on March 2, 2009, reducing the final verdict to
75	$2,651,375.83, plus taxable costs in the amount of $31,674.12
76	and interest to accrue on the amount of the judgment at a rate
77	of 11 percent per annum from the date that the judgment was
78	rendered until payment, and
79	WHEREAS, the District School Board of Sumter County filed a
80	notice of appeal of the judgment on March 30, 2009, which was
81	affirmed by the Fifth District Court of Appeal on February 18,
82	2011, and
83	WHEREAS, Donald Brown is receiving continuous medical care
84	for his injuries, including two surgeries after the trial, the
85	first surgery occurring on September 16 and 17, 2009, at Orlando
86	Regional Medical Center due to a bone infection on his right
87	leg, and the second surgery occurring on August 27, 2010, at the
88	Jewish Hospital in Louisville, Kentucky, due to complications
89	with his right leg resulting in an above-the-knee amputation,
90	and
91	WHEREAS, the District School Board of Sumter County has not
92	paid $100,000 pursuant to the statutory limits of liability set
93	forth in s. 768.28, Florida Statutes, and
94	WHEREAS, the $2,651,375.83 judgment is sought through the
95	submission of a claim bill to the Legislature, NOW, THEREFORE,
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1.  The facts stated in the preamble to this act
100	are found and declared to be true.
101	Section 2.  The District School Board of Sumter County is
102	authorized and directed to appropriate from funds of the school
103	board not otherwise appropriated and to draw a warrant payable
104	to Donald Brown, in the amount of $2,651,375.83, plus the
105	taxable costs of $31,674.12 and interest as provided in the
106	final judgment dated March 2, 2009.
107	Section 3.  The compensation awarded under this act is
108	intended to provide the sole compensation for all present and
109	future claims arising out of the factual situation described in
110	this act which resulted in the injuries to Donald Brown. The
111	total amount paid for attorney's fees, lobbying fees, costs, and
112	other similar expenses relating to this claim may not exceed 25
113	percent of the amount awarded under this act.
114	Section 4.  This act shall take effect upon becoming a law.

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