Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 42
       
       
       
       
       
       
                                Ì284580/Î284580                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2015           .                                
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       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