Florida Senate - 2017 (NP) SB 300
By Senator Torres
15-00570-17 2017300__
1 A bill to be entitled
2 An act for the relief of Robert Allan Smith by Orange
3 County; providing for an appropriation to compensate
4 him for injuries sustained as a result of the
5 negligence of an employee of Orange County; providing
6 a limitation on the payment of fees and costs;
7 providing an effective date.
8
9 WHEREAS, at 1:43 p.m. on September 7, 2006, Robert Allan
10 Smith was driving his motorcycle north on DePauw Avenue in
11 Orlando, the quiet residential street he lived on, within 300
12 feet of his home, within the 25 mph posted speed limit, and with
13 headlights on in clear, dry weather, and
14 WHEREAS, as Robert Allan Smith approached the intersection
15 of DePauw Avenue and Orlando Street, at which stop signs are
16 posted for vehicles traveling on Orlando Street, an Orange
17 County work van driven by Orange County employee Lynn Lawrence
18 Godden, which was traveling west on Orlando Street, negligently
19 pulled away from the stop sign, colliding with Mr. Smith, and
20 WHEREAS, Robert Allan Smith said that he saw the driver of
21 the Orange County van visibly slow down as he approached the
22 stop sign, having observed Mr. Smith approaching on his
23 motorcycle, but that the driver drove through the stop sign and
24 into Mr. Smith’s path and Mr. Smith was unable to avoid a
25 collision, and
26 WHEREAS, the front of the Orange County van struck Robert
27 Allan Smith, causing severe and life-threatening injuries and
28 necessitating surgical procedures, including a traumatic
29 amputation of his right leg above his knee, and
30 WHEREAS, Robert Allan Smith also suffered a badly fractured
31 lower left leg with internal fixation, a broken pelvis and
32 sacrum with internal fixation, and damage to the rectum and
33 internal organs, which required a laparotomy, and
34 WHEREAS, the Orange County employee testified that he
35 observed Robert Allan Smith’s motorcycle as he approached the
36 intersection, but he erroneously believed that it was heading
37 away from him, though there was no evidence to support this
38 claim, and that he was looking to his right, away from Mr.
39 Smith, when he entered the intersection, and
40 WHEREAS, the Orange County employee was issued a citation
41 by the Orlando Police Department for failure to yield right of
42 way and subsequently was found guilty by a traffic court judge,
43 and
44 WHEREAS, after finding for Robert Allan Smith and against
45 Orange County in a civil jury trial, the jury in the case
46 determined that Mr. Smith’s future medical expenses totaled
47 $2.376 million over 40 years and that his past medical expenses
48 and lost wages totaled $688,807.37, and awarded him $1,749,978
49 in damages for past and future pain and suffering, for a total
50 award of $4,814,785.37, and
51 WHEREAS, after the total award was reduced by amounts for
52 comparative negligence and Medicaid and Veteran’s Administration
53 setoffs, a final judgment was entered against Orange County on
54 November 27, 2012, in the amount of $2,913,536.09, and
55 WHEREAS, Orange County has paid Robert Allan Smith $100,000
56 pursuant to the statutory limits of liability set forth in s.
57 768.28, Florida Statutes, which were in effect at the time that
58 Mr. Smith’s claim arose, leaving a remaining unpaid balance of
59 $2,813,536.09, NOW, THEREFORE,
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. The facts stated in the preamble to this act are
64 found and declared to be true.
65 Section 2. Orange County is authorized and directed to
66 appropriate from funds not otherwise encumbered and to draw a
67 warrant in the sum of $2,813,536.09 payable to Robert Allan
68 Smith as compensation for injuries and damages sustained as a
69 result of the negligence of an employee of Orange County.
70 Section 3. The amount paid by Orange County pursuant to s.
71 768.28, Florida Statutes, and the amount awarded under this act
72 are intended to provide the sole compensation for all present
73 and future claims arising out of the factual situation described
74 in this act which resulted in injuries and damages to Robert
75 Allan Smith. The total amount paid for attorney fees, lobbying
76 fees, costs, and similar expenses relating to this claim may not
77 exceed 25 percent of the amount awarded under this act.
78 Section 4. This act shall take effect upon becoming a law.