Florida Senate - 2022 (NP) SB 60 By Senator Cruz 18-00176-22 202260__ 1 A bill to be entitled 2 An act for the relief of the Estate of Molly Parker; 3 providing an appropriation to compensate the Estate of 4 Molly Parker for Ms. Parker’s death, sustained as 5 result of the negligence of the Department of 6 Transportation; providing a limitation on compensation 7 and the payment of attorney fees; providing an 8 effective date. 9 10 WHEREAS, on December 12, 2019, shortly after 9 a.m., a dump 11 truck driven by Jesmond Russ and registered to the Florida 12 Department of Transportation (FDOT), fully loaded with dirt and 13 weighing over 40,000 pounds, collided with a sport utility 14 vehicle (SUV) driven by Molly Morrison Parker, a 39-year-old 15 wife and mother who was a resident of Santa Rosa Beach, and 16 WHEREAS, the crash occurred in Marianna, Jackson County, at 17 the intersection of County Road 167 and State Road 2, both paved 18 two-lane highways with posted stop signs, as well as marked stop 19 bars on both the north and south portions of State Road 2, 20 regulating the flow of traffic on County Road 167, and 21 WHEREAS, Mr. Russ, traveling on State Road 2, claims to 22 have stopped at the intersection, looked both ways, and, just 23 before clearing the intersection, while crossing the eastbound 24 travel lane of State Road 2, noted a silver SUV out of the 25 corner of his eye, and then the crash occurred, and 26 WHEREAS, the Florida Highway Patrol charged Mr. Russ, at 27 the time a 33-year-old employee of the FDOT, with failing to 28 yield the right-of-way in violation of s. 316.123(2)(a), Florida 29 Statutes, and 30 WHEREAS, according to the Florida Highway Patrol crash 31 investigation report, damage to Ms. Parker’s vehicle required 32 first responders to use the Jaws of Life to gain access to and 33 extricate Ms. Parker from the vehicle, and 34 WHEREAS, Ms. Parker suffered life-threatening injuries in 35 the crash and was transported by AIRHeart 2 medical helicopter 36 services to Southeast Health in Dothan, Alabama, where she was 37 admitted for treatment of her injuries and was pronounced 38 deceased on December 22, 2019, and 39 WHEREAS, Ms. Parker’s June 12, 2020, Alabama Certificate of 40 Death states the cause of death as “motor vehicle accident 41 status post left decompressive hemicraniectomy, traumatic brain 42 injury with intraparenchymal hemorrhage and intraventricular 43 hemorrhage, acute encephalopathy with diffuse axonal injury, and 44 acute respiratory failure post terminal extubation,” and 45 WHEREAS, Mr. Russ entered the intersection when unsafe and 46 into the path of Ms. Parker’s SUV, and his violation of s. 47 316.123(2)(a), Florida Statutes, was the sole cause of this 48 crash, all property damage, and the death of Ms. Parker, and 49 WHEREAS, Ms. Parker was wearing her seat belt and driving 50 the speed limit in the proper lane, neither driver was impaired, 51 no environmental conditions contributed to the crash, and there 52 were no visual obstructions that would have blocked Mr. Russ’ 53 view of vehicles traveling toward the intersection, had he 54 stopped and looked several times as he claims he did, and 55 WHEREAS, Jackson County Circuit Judge Wade Mercer, who 56 presided over a March 11, 2021, hearing in this case, denied Mr. 57 Russ’ motion for acquittal, ruling that “there is no doubt in my 58 mind that Mr. Russ is guilty of running a stop sign as defined 59 by s. 316.123, Florida Statutes,” and 60 WHEREAS, in making this ruling, Judge Mercer admonished the 61 defendant, stating, “It is concerning that even today, months 62 later, he’s still denying the existence of the car that hit his 63 vehicle. If you believe Mr. Russ’s testimony and if he was a 64 hundred percent accurate, then this car got dropped out of the 65 sky from somewhere because it was never there. And as far as you 66 can see up the road, that is impossible. This car could have 67 been going, based on the roads I’ve seen in these photographs, 68 200 miles an hour and still he would have crossed that 69 intersection and got out of the way had he not entered the 70 intersection in a dangerous manner,” and 71 WHEREAS, against the clear weight of the evidence, the FDOT 72 claims that Ms. Parker contributed to her death because her cell 73 phone was found on the floorboard of her vehicle after the 74 crash, despite the fact that her cell phone records plainly 75 demonstrate that she was not on her phone when the crash 76 occurred and that her last call was a one-minute exchange that 77 occurred a half hour before the crash, and 78 WHEREAS, the Estate of Molly Parker, her surviving spouse, 79 and her surviving minor child seek to recover the excess 80 judgment for a verdict expected to be rendered during the 2022 81 Legislative Session in excess of the limitations on liability 82 set forth in s. 768.28, Florida Statutes, and 83 WHEREAS, the unpaid amount of the final judgment is 84 $__________ million, NOW, THEREFORE, 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1. The facts stated in the preamble to this act are 89 found and declared to be true. 90 Section 2. The sum of [$ amount] is appropriated from the 91 General Revenue Fund to the Department of Transportation for the 92 relief of the Estate of Molly Parker for her death. 93 Section 3. The Chief Financial Officer is directed to draw 94 a warrant in favor of the Estate of Molly Parker in the sum of 95 [$ amount] upon funds of the Department of Transportation in the 96 State Treasury and to pay the same out of such funds in the 97 State Treasury. 98 Section 4. The amount paid by the Division of Risk 99 Management of the Department of Financial Services pursuant to 100 s. 768.28, Florida Statutes, and the amount awarded under this 101 act are intended to provide the sole compensation for all 102 present and future claims arising out of the factual situation 103 described in this act which resulted in the death of Molly 104 Morrison Parker. The total amount paid for attorney fees 105 relating to this claim may not exceed 25 percent of the total 106 amount awarded under this act. 107 Section 5. This act shall take effect July 1, 2022.