Florida Senate - 2015 (NP) SB 36 By Senator Diaz de la Portilla 40-00050B-15 201536__ 1 A bill to be entitled 2 An act for the relief of the Estate of Victor Guerrero 3 by Pasco County; providing for an appropriation to 4 compensate the Estate of Victor Guerrero for Officer 5 Guerrero’s death, which was the result of negligence 6 by an employee of Pasco County; providing that the 7 appropriation settles all present and future claims 8 relating to the death of Officer Guerrero; providing a 9 limitation on fees and costs; providing an effective 10 date. 11 12 WHEREAS, on May 1, 2008, Victor Guerrero, a veteran of the 13 United States Marine Corps and a decorated, 20-year veteran of 14 the City of Tampa Police Department, was riding his motorcycle 15 to visit his mother on his day off from work, and 16 WHEREAS, Officer Guerrero was traveling southbound on U.S. 17 41, about 1 mile north of S.R. 52, which is a straightaway with 18 no obstructions, and 19 WHEREAS, at the same time, Pasco County employee Daniel 20 Whipple was driving a Pasco County vehicle northbound on U.S. 21 41, and 22 WHEREAS, as Officer Guerrero approached Mr. Whipple, Mr. 23 Whipple made a left hand turn directly into the path of Officer 24 Guerrero, and 25 WHEREAS, an accident reconstruction expert estimated that 26 Officer Guerrero was about 100 feet away when Mr. Whipple, who 27 claimed that he never saw Officer Guerrero, made the turn, and 28 WHEREAS, Officer Guerrero had no time to brake or swerve 29 and struck the side of Mr. Whipple’s truck and was ejected from 30 the motorcycle, and 31 WHEREAS, Officer Guerrero was airlifted to St. Joseph’s 32 Hospital in Tampa, where he was pronounced dead, and 33 WHEREAS, the Pasco County Driver Safety Review Board 34 investigated the accident and determined that Mr. Whipple was at 35 fault, citing carelessness, and 36 WHEREAS, after the accident, Officer Guerrero’s widow, Lara 37 Guerrero, was unable to return to her job at Home Depot due to 38 severe emotional distress, and was prescribed anti-depressant 39 medication to assist her in dealing with her loss, and 40 WHEREAS, Officer Guerrero left behind three sons, Michael, 41 David, and Kevin, who were 21, 19, and 15, respectively, at the 42 time of the accident, and 43 WHEREAS, Lara Guerrero, as personal representative of the 44 Estate of Victor Guerrero, filed a law suit against Pasco County 45 in the Circuit Court of the Sixth Judicial Circuit in Pasco 46 County, and 47 WHEREAS, on February 10, 2012, the jury in the case 48 returned a verdict for $7,845,127.30 in favor of the Estate of 49 Victor Guerrero, which was reduced 10 percent for comparative 50 negligence for Officer Guerrero’s failure to wear a helmet, 51 leaving a total verdict of $7,060,614.57, plus interest at the 52 statutory rate of 4.75 percent per annum, and 53 WHEREAS, the amount awarded by the jury includes economic 54 damages of $1,095,127.30, which were stipulated to by the 55 parties and include damages for future loss of income and 56 funeral expenses, damages representing loss of support for Lara 57 Guerrero, and damages representing loss of support for Kevin 58 Guerrero, and 59 WHEREAS, the amount awarded by the jury also includes $1.5 60 million for Lara Guerrero for loss of her husband’s 61 companionship and protection and for her pain and suffering, and 62 $1.75 million for each of Officer Guerrero’s sons for loss of 63 parental companionship, instruction, and guidance and for their 64 pain and suffering, and 65 WHEREAS, Pasco County has paid $186,776.38 of the final 66 judgment and there is a balance owed of $6,873,838.19, NOW, 67 THEREFORE, 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71 Section 1. The facts stated in the preamble to this act are 72 found and declared to be true. 73 Section 2. Pasco County is authorized and directed to 74 appropriate from funds of the county not otherwise appropriated 75 and to draw a warrant in the sum of $6,873,838.19 plus interest 76 at the statutory rate of 4.75 percent per annum owed from the 77 date of the final judgment payable to Lara Guerrero, as personal 78 representative of the Estate of Victor Guerrero, as compensation 79 for injuries and damages sustained as the result of the death of 80 Victor Guerrero. 81 Section 3. The amount paid previously by Pasco County and 82 the amount awarded under this act are intended to provide the 83 sole compensation for all present and future claims arising out 84 of the factual situation described in the preamble to this act 85 which resulted in the death of Victor Guerrero. The total amount 86 paid for attorney fees, lobbying fees, costs, and other similar 87 expenses relating to this claim may not exceed 25 percent of the 88 amount awarded under this act. 89 Section 4. This act shall take effect upon becoming a law.