Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 42 Ì284580/Î284580 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/18/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Joyner) recommended the following: 1 Senate Amendment 2 3 In title, delete lines 9 - 88 4 and insert: 5 WHEREAS, on April 17, 2007, 36-year-old Javier Soria was 6 lawfully traveling on his motorcycle northbound in the center 7 lane on SR 807 in Delray Beach in the 200 block of South 8 Congress Avenue, and 9 WHEREAS, at the same time, an employee of Palm Beach 10 County, Juan Sepeda Casas, was driving a Palm Beach County dump 11 truck with a utility trailer in tow, and 12 WHEREAS, as Mr. Casas exited the Palm Beach County 13 maintenance complex, he failed to stop at a stop sign, pulling 14 out into the path of Mr. Soria and causing a violent collision 15 between the two vehicles, and 16 WHEREAS, the Palm Beach County truck continued forward, 17 dragging Mr. Soria and the motorcycle under the dump truck for 18 approximately 12 feet, and 19 WHEREAS, Mr. Casas was charged in the accident by the 20 investigating law enforcement agency, the Delray Beach Police 21 Department, and 22 WHEREAS, as a result of the collision, Mr. Soria sustained 23 severe head trauma, including a subarachnoid hemorrhage, a 24 right-elbow fracture, deep lacerations requiring wound 25 debridement, multiple abrasions to his face, hands, legs, and 26 arms, upper-back pain, low-back disc herniation, left-hip pain, 27 right-wrist pain, right-shoulder pain, and a right-knee linear 28 tear that required bracing, physical therapy, and surgery, and 29 WHEREAS, Mr. Soria has undergone numerous surgical 30 procedures, including irrigation debridement with placement of a 31 temporary external fixator across the elbow joint, subsequent 32 removal of the external fixator, and open reduction internal 33 fixation on ulnar fractures, and 34 WHEREAS, Mr. Soria needs additional surgery to his right 35 elbow, including elbow fusion or total elbow replacement; 36 surgeries to his right wrist and shoulder; and arthroscopic 37 surgery to his right knee; and is a candidate for total knee 38 replacement in the future, and 39 WHEREAS, Mr. Soria suffers from multiple neurological 40 injuries that cause chronic headaches, low-back pain, vision 41 problems, sleep disturbance, depression, memory loss, anxiety, 42 dizziness, tiredness, buzzing in the ears, numbness, tingling, 43 and knee pain, which limit his routine daily activities, and 44 WHEREAS, according to American Medical Association 45 guidelines, Mr. Soria’s treating neurologist, Dr. Waden Emery, 46 has assigned him a 31 percent impairment rating with 5 percent 47 for headaches, 14 percent for lumbar radiculopathy, 5 percent 48 for insomnia, and 10 percent for anxiety, and 49 WHEREAS, Mr. Soria’s treating orthopedist, Dr. Fernando 50 Moya, has assigned him a 39 percent whole person orthopedic 51 disability impairment rating, which includes 36 percent for 52 injuries to the right elbow, 6 percent for injuries to the right 53 knee, 6 percent for injuries to the lumbar spine, and 5 percent 54 for injuries to the right wrist, and 55 WHEREAS, Mr. Soria’s medical expenses have totaled 56 approximately $200,254, and experts in life care planning and 57 economics have determined that his future medical expenses are 58 approximately $640,000, and past and future lost earnings total 59 approximately $478,000, with total economic damages exceeding 60 $1.3 million, and 61 WHEREAS, Mr. Soria’s injuries resulted in permanent 62 cognitive impairment, with the neuropsychological assessment of 63 Dr. Robert Brick concluding that Mr. Soria suffers from post 64 traumatic stress disorder, memory loss, poor management and 65 organizational skills, mood swings, daily headaches, constant 66 ringing in his ears, insomnia, panic attacks, and amnesia that 67 require cognitive therapy, and 68 WHEREAS, Mr. Soria continues to suffer from pain and 69 instability in his head, neck, back, body, and limbs and, in 70 addition, continues to suffer from severe depression brought 71 about by his pain, suffering, disability, and limitations, all 72 of which are a direct result of the accident, and 73 WHEREAS, before the accident, Mr. Soria was in excellent 74 physical condition and had dreams of one day opening his own 75 martial arts studio and becoming a certified martial arts 76 instructor, and 77 WHEREAS, Mr. Soria’s three children have a corresponding 78 right of action and claim given that Mr. Soria is now 79 permanently disabled with physical limitations and injuries and 80 cognitive restrictions and depression that limit his ability to 81 provide the companionship and support that he was once capable 82 of providing his family, and 83 WHEREAS, a settlement was reached between Mr. Soria, his 84 three children, and Palm Beach County in the amount of $300,000, 85 which is in addition to an $1,800 property damage claim 86 previously paid by Palm Beach County related to the accident, 87 and 88 WHEREAS, Palm Beach County paid the claimants a total of 89 $200,000 under the statutory limits of liability per occurrence 90 set forth in s. 768.28, Florida Statutes, which fully satisfied 91 the loss of consortium claims of each of the three children, and 92