Florida Senate - 2015 (NP) CS for SB 42 By the Committee on Judiciary; and Senator Braynon 590-01683-15 201542c1 1 A bill to be entitled 2 An act for the relief of Javier Soria by Palm Beach 3 County; providing for an appropriation to compensate 4 him for injuries sustained as a result of negligence 5 by an employee of Palm Beach County; providing a 6 limitation on the payment of fees and costs; providing 7 an effective date. 8 9 WHEREAS, on April 17, 2007, 36-year-old Javier Soria was 10 lawfully traveling on his motorcycle northbound in the center 11 lane on SR 807 in Delray Beach in the 200 block of South 12 Congress Avenue, and 13 WHEREAS, at the same time, an employee of Palm Beach 14 County, Juan Sepeda Casas, was driving a Palm Beach County dump 15 truck with a utility trailer in tow, and 16 WHEREAS, as Mr. Casas exited the Palm Beach County 17 maintenance complex, he failed to stop at a stop sign, pulling 18 out into the path of Mr. Soria and causing a violent collision 19 between the two vehicles, and 20 WHEREAS, the Palm Beach County truck continued forward, 21 dragging Mr. Soria and the motorcycle under the dump truck for 22 approximately 12 feet, and 23 WHEREAS, Mr. Casas was charged in the accident by the 24 investigating law enforcement agency, the Delray Beach Police 25 Department, and 26 WHEREAS, as a result of the collision, Mr. Soria sustained 27 severe head trauma, including a subarachnoid hemorrhage, a 28 right-elbow fracture, deep lacerations requiring wound 29 debridement, multiple abrasions to his face, hands, legs, and 30 arms, upper-back pain, low-back disc herniation, left-hip pain, 31 right-wrist pain, right-shoulder pain, and a right-knee linear 32 tear that required bracing, physical therapy, and surgery, and 33 WHEREAS, Mr. Soria has undergone numerous surgical 34 procedures, including irrigation debridement with placement of a 35 temporary external fixator across the elbow joint, subsequent 36 removal of the external fixator, and open reduction internal 37 fixation on ulnar fractures, and 38 WHEREAS, Mr. Soria needs additional surgery to his right 39 elbow, including elbow fusion or total elbow replacement; 40 surgeries to his right wrist and shoulder; and arthroscopic 41 surgery to his right knee; and is a candidate for total knee 42 replacement in the future, and 43 WHEREAS, Mr. Soria suffers from multiple neurological 44 injuries that cause chronic headaches, low-back pain, vision 45 problems, sleep disturbance, depression, memory loss, anxiety, 46 dizziness, tiredness, buzzing in the ears, numbness, tingling, 47 and knee pain, which limit his routine daily activities, and 48 WHEREAS, according to American Medical Association 49 guidelines, Mr. Soria’s treating neurologist, Dr. Waden Emery, 50 has assigned him a 31 percent impairment rating with 5 percent 51 for headaches, 14 percent for lumbar radiculopathy, 5 percent 52 for insomnia, and 10 percent for anxiety, and 53 WHEREAS, Mr. Soria’s treating orthopedist, Dr. Fernando 54 Moya, has assigned him a 39 percent whole person orthopedic 55 disability impairment rating, which includes 36 percent for 56 injuries to the right elbow, 6 percent for injuries to the right 57 knee, 6 percent for injuries to the lumbar spine, and 5 percent 58 for injuries to the right wrist, and 59 WHEREAS, Mr. Soria’s medical expenses have totaled 60 approximately $200,254, and experts in life care planning and 61 economics have determined that his future medical expenses are 62 approximately $640,000, and past and future lost earnings total 63 approximately $478,000, with total economic damages exceeding 64 $1.3 million, and 65 WHEREAS, Mr. Soria’s injuries resulted in permanent 66 cognitive impairment, with the neuropsychological assessment of 67 Dr. Robert Brick concluding that Mr. Soria suffers from post 68 traumatic stress disorder, memory loss, poor management and 69 organizational skills, mood swings, daily headaches, constant 70 ringing in his ears, insomnia, panic attacks, and amnesia that 71 require cognitive therapy, and 72 WHEREAS, Mr. Soria continues to suffer from pain and 73 instability in his head, neck, back, body, and limbs and, in 74 addition, continues to suffer from severe depression brought 75 about by his pain, suffering, disability, and limitations, all 76 of which are a direct result of the accident, and 77 WHEREAS, before the accident, Mr. Soria was in excellent 78 physical condition and had dreams of one day opening his own 79 martial arts studio and becoming a certified martial arts 80 instructor, and 81 WHEREAS, Mr. Soria’s three children have a corresponding 82 right of action and claim given that Mr. Soria is now 83 permanently disabled with physical limitations and injuries and 84 cognitive restrictions and depression that limit his ability to 85 provide the companionship and support that he was once capable 86 of providing his family, and 87 WHEREAS, a settlement was reached between Mr. Soria, his 88 three children, and Palm Beach County in the amount of $300,000, 89 which is in addition to an $1,800 property damage claim 90 previously paid by Palm Beach County related to the accident, 91 and 92 WHEREAS, Palm Beach County paid the claimants a total of 93 $200,000 under the statutory limits of liability per occurrence 94 set forth in s. 768.28, Florida Statutes, which fully satisfied 95 the loss of consortium claims of each of the three children, and 96 WHEREAS, Palm Beach County has agreed to and pledged its 97 support for a claim bill in the amount of $101,800, NOW, 98 THEREFORE, 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102 Section 1. The facts stated in the preamble to this act are 103 found and declared to be true. 104 Section 2. Palm Beach County is authorized and directed to 105 appropriate from funds of the county not otherwise appropriated 106 and to draw a warrant in the sum of $101,800, payable to Javier 107 Soria as compensation for injuries and damages sustained. 108 Section 3. The amount paid by Palm Beach County pursuant to 109 s. 768.28, Florida Statutes, and the amount awarded under this 110 act are intended to provide the sole compensation for all 111 present and future claims against Palm Beach County arising out 112 of the factual situation described in this act which resulted in 113 the injuries to Javier Soria. The total amount paid for attorney 114 fees, lobbying fees, costs, and other similar expenses relating 115 to this claim may not exceed 25 percent of the total amount 116 awarded under this act. 117 Section 4. This act shall take effect upon becoming a law.