Florida Senate - 2014                              (NP)    SB 64
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00155-14                                             201464__
    1                        A bill to be entitled                      
    2         An act for the relief of Marcus Button by the Pasco
    3         County School Board; providing for an appropriation to
    4         compensate Marcus Button for injuries sustained as a
    5         result of the negligence of an employee of the Pasco
    6         County School Board; providing for an appropriation to
    7         compensate Mark and Robin Button, as parents and
    8         natural guardians of Marcus Button, for injuries and
    9         damages sustained by Marcus Button; providing a
   10         limitation on the payment of fees and costs; providing
   11         an effective date.
   12  
   13         WHEREAS, on the morning of September 22, 2006, Jessica
   14  Juettner picked up 16-year-old Marcus Button at his home in
   15  order to drive him to Wesley Chapel High School, where both were
   16  students, and
   17         WHEREAS, as Jessica drove her Dodge Neon west on State Road
   18  54, Marcus Button realized he had left his wallet at home, so
   19  Jessica turned the car around and headed back on State Road 54,
   20  and
   21         WHEREAS, as Jessica approached Meadow Pointe Boulevard,
   22  John E. Kinne, who was driving a 35-foot Pasco County Schools
   23  bus, pulled out in front of her, and
   24         WHEREAS, as an operator of a school bus owned by the Pasco
   25  County Schools, Mr. Kinne had the duty to drive the bus in a
   26  safe manner and in accordance with state law, but failed to do
   27  so, and
   28         WHEREAS, Mr. Kinne was later cited for failing to yield the
   29  right-of-way, and
   30         WHEREAS, Jessica slammed on the brakes, but her car struck
   31  the bus between the wheels and slipped underneath the bus, and
   32         WHEREAS, while Jessica suffered only minor injuries, Marcus
   33  Button, who was riding in the front passenger seat, sustained
   34  facial and skull fractures, brain damage, and vision loss, and
   35         WHEREAS, Mr. Kinne and his backup driver, Linda Bone, were
   36  the only people on the bus and were not seriously injured, and
   37         WHEREAS, Marcus Button was airlifted to St. Joseph’s
   38  Children’s Hospital, where he spent 3 weeks recovering, and then
   39  was transferred to Tampa General Hospital for rehabilitation for
   40  an additional 6 weeks, and
   41         WHEREAS, Marcus Button had to relearn how to walk, and
   42  currently cannot walk for any substantial length of time without
   43  pain, lost most of the sight in his right eye, and suffered
   44  facial fractures that left one side of his face higher than the
   45  other, and
   46         WHEREAS, in addition, Marcus Button can no longer smell,
   47  has limited ability to taste, cannot feel textures and, as a
   48  result of the brain damage he sustained in the crash, sees and
   49  hears things that are not there, speaks with a British or a
   50  Southern accent, and is paranoid, and
   51         WHEREAS, Marcus Button returned home in November 2006, but
   52  his mother, Robin Burton, testified, “My son who woke up [in the
   53  hospital] was not the same son I gave birth to. He was, but he
   54  wasn’t. It was him, his skin, but it wasn’t him in his skin.
   55  Different kid. The son I knew is gone. He died on that day,” and
   56         WHEREAS, in 2007, Marcus Button’s parents sued the Pasco
   57  County School Board for negligence, and during the subsequent
   58  trial, a pediatric rehabilitation doctor and a neuropsychologist
   59  testified that, for the remainder of his life, Marcus will
   60  require 24-hour care, counseling, interventions, medical care,
   61  and pharmaceuticals to cope with his physical symptoms and
   62  control his psychotic and delusional behavior; that he continues
   63  to suffer from memory loss; and that he has trouble sleeping and
   64  struggles to concentrate or stay on task, and
   65         WHEREAS, an economist who testified at trial estimated that
   66  Marcus Button’s future care will cost between $6 million and $10
   67  million and that his inability to work will result in the loss
   68  of between $365,000 and $570,000 in wages over his lifetime, and
   69         WHEREAS, the jury of five men and one woman found the Pasco
   70  County School Board 65 percent responsible for the crash,
   71  Jessica 20 percent responsible, and Marcus Button 10 percent,
   72  and
   73         WHEREAS, the Pasco County School Board paid only $163,000,
   74  as the remainder of the statutory limit of $200,000 pursuant to
   75  s. 768.28, Florida Statutes, to Marcus Button and Mark and Robin
   76  Button, as parents and natural guardians of Marcus Button, as
   77  compensation for injuries and damages that were incurred as a
   78  result of the accident that occurred on September 22, 2006, and
   79         WHEREAS, the trial court ordered the Pasco County School
   80  Board to pay final judgments of $1,380.967.39, and $289,396.85
   81  to Marcus Button and his parents Mark and Robin Button,
   82  respectively, and
   83         WHEREAS, the pro rata share of the statutory limit pursuant
   84  to s. 768.28, Florida Statutes, paid to Marcus Button is
   85  $134,752.10, but the balance of $1,380,967.39 remains unpaid,
   86  and
   87         WHEREAS, the pro rata share of the statutory limit pursuant
   88  to s. 768.28, Florida Statutes, paid to Mark and Robin Button is
   89  $28,247.90, but the balance of $289,396.85 remains unpaid, NOW,
   90  THEREFORE,
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. The facts stated in the preamble to this act are
   95  found and declared to be true.
   96         Section 2. The Pasco County School Board is authorized and
   97  directed to appropriate from funds of the school board not
   98  otherwise encumbered and to draw a warrant, payable to Marcus
   99  Button, for the pro rata amount of $1,246,215.29, to compensate
  100  him for injuries and damages sustained due to the negligence of
  101  an employee of the school board.
  102         Section 3. The Pasco County School Board is authorized and
  103  directed to appropriate from funds of the school board not
  104  otherwise encumbered and to draw a warrant, payable to Mark and
  105  Robin Button, as parents and natural guardians of Marcus Button,
  106  for a pro rata amount of $261,148.95, to compensate them for
  107  injuries and damages sustained by Marcus Button as a result of
  108  the accident that occurred on September 22, 2006.
  109         Section 4. The amount paid by the Pasco County School Board
  110  pursuant to s. 768.28, Florida Statutes, and the amounts awarded
  111  under this act are intended to provide the sole compensation for
  112  all present and future claims arising out of the factual
  113  situation described in this act which resulted in injuries
  114  sustained by Marcus Button. The total amount paid for attorney
  115  fees, lobbying fees, costs, and other similar expenses relating
  116  to this claim may not exceed 25 percent of the total amount
  117  awarded under this act.
  118         Section 5. This act shall take effect upon becoming a law.