Senate Bill 0010c1

    Florida Senate - 2000        (NP)                 CS for SB 10

    By the Committee on Transportation and Senator Myers





    306-670-00

  1                      A bill to be entitled

  2         An act for the relief of Elizabeth Schnell and

  3         Frederick Schnell; providing an appropriation

  4         to compensate them for injuries and damages

  5         sustained as a result of the negligence of the

  6         Department of Highway Safety and Motor

  7         Vehicles; providing an effective date.

  8

  9         WHEREAS, at 7:15 a.m. on January 25, 1997, Frederick

10  Schnell was operating his motor vehicle, in which his wife

11  Elizabeth Schnell was a passenger, westbound on State Road 60

12  approximately 1 mile west of Interstate 95 in Indian River

13  County, and

14         WHEREAS, Mr. Schnell was traveling at the posted speed

15  limit of 55 miles per hour, and

16         WHEREAS, Trooper Wayne Titus was traveling eastbound on

17  State Road 60 and, for unknown reasons, Trooper Titus abruptly

18  changed lanes and collided head-on with the Schnell vehicle,

19  and

20         WHEREAS, Trooper Titus was traveling approximately 71

21  miles per hour at the point of impact, and

22         WHEREAS, the circuit court judge ruled as a matter of

23  law that the Department of Highway Safety and Motor Vehicles

24  was responsible for Mr. and Mrs. Schnell's injuries and

25  damages, and

26         WHEREAS, Mr. Schnell suffered extensive physical

27  injuries, and

28         WHEREAS, Mr. Schnell continued medical treatment for

29  his physical injuries through April 21, 1997, then

30  discontinued treatment because of the necessity to be with his

31  wife, and

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                 CS for SB 10
    306-670-00




  1         WHEREAS, Mr. Schnell has undergone, and continues to

  2  undergo, psychiatric treatment and counseling for a permanent

  3  psychiatric injury resulting from the accident, and

  4         WHEREAS, Mrs. Schnell was transported by helicopter

  5  from the scene of the accident to Holmes Regional Medical

  6  Center in Melbourne, where she underwent emergency, lifesaving

  7  surgery to ameliorate a catastrophic brain injury sustained in

  8  the accident, and she subsequently underwent four additional

  9  surgeries during her hospitalization, and

10         WHEREAS, on March 3, 1997, Mrs. Schnell, who was

11  semicomatose, was transferred to Orlando Regional Medical

12  Center, Sandlake Hospital, and

13         WHEREAS, at Sandlake Hospital, Mrs. Schnell began

14  speech, occupational, and physical therapy and underwent

15  another major surgical procedure, and

16         WHEREAS, while hospitalized in Orlando, Mrs. Schnell

17  was declared by the court to be an incapacitated person, and

18  her husband was appointed her legal guardian, and

19         WHEREAS, on June 24, 1997, Mrs. Schnell was transferred

20  to Healthsouth Treasure Coast Rehabilitation Hospital in Vero

21  Beach and was later transferred to Florida Institute for

22  Neurologic Rehabilitation in Wauchula, Florida, and

23         WHEREAS, she presently requires care 24 hours a day,

24  must use a wheelchair, has paralysis of her right side, has

25  moderate loss of her short-term memory, and requires

26  assistance in all her daily activities, and

27         WHEREAS, Mrs. Schnell's doctors and case managers

28  recommend that, upon discharge from the Florida Institute, she

29  be transferred to the home environment and cared for there,

30  with the aid of attendants and residential services, and

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                 CS for SB 10
    306-670-00




  1  continual lifetime speech, occupational, and physical

  2  therapies, and

  3         WHEREAS, before the accident, Mrs. Schnell was a

  4  41-year-old attorney who also had a bachelor's degree and one

  5  master's degree, and was working toward a second master's

  6  degree, and

  7         WHEREAS, after 7 days of trial, a jury awarded Mrs.

  8  Schnell $875,446 for past medical bills and lost wages,

  9  $9,331,774 for future medical bills and lost wages, $1 million

10  for past pain and suffering, and $5 million for future pain

11  and suffering, for a total award of $16,207,220, and

12         WHEREAS, the jury also awarded Mr. Schnell $41,159 for

13  past medical bills and lost wages and $4,171 for future lost

14  wages, $500,000 for past pain and suffering and $1 million for

15  future pain and suffering, and damages for the loss of his

16  wife's consortium in the amount of $500,000 for past loss and

17  $1 million for the future, for a total award of $3,045,330,

18  and,

19         WHEREAS, after the jury's verdict was entered, the

20  trial judge ordered a remittitur, reducing the award to Mrs.

21  Schnell to $14,784,089 and reducing the award to Mr. Schnell

22  to $2,227,468.84, and

23         WHEREAS, the Department of Highway Safety and Motor

24  Vehicles has paid a total of $200,000 to the claimants under

25  section 768.28, Florida Statutes, Florida's sovereign immunity

26  law, and

27         WHEREAS, after final judgment was entered, the parties

28  agreed to settle all outstanding claims in this matter for

29  $9,750,000, to be paid to the claimants pursuant to a claim

30  bill, and

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                 CS for SB 10
    306-670-00




  1         WHEREAS, the $9,750,000 settlement amount will be

  2  apportioned as follows: for Elizabeth Schnell in the amount of

  3  $8,473,349.07 and for Frederick Schnell in the amount of

  4  $1,276,650.93, NOW, THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  The facts stated in the preamble to this

  9  act are found and declared to be true.

10         Section 2.  The sum of $8,473,349.07 is appropriated

11  out of funds in the State Treasury to the credit of the

12  Department of Highway Safety and Motor Vehicles to be paid to

13  Elizabeth Schnell as relief for her losses; and the sum of

14  $1,276,650.93 is appropriated out of funds in the State

15  Treasury to the credit of the Department of Highway Safety and

16  Motor Vehicles to be paid to Frederick Schnell as relief for

17  his losses.

18         Section 3.  The Comptroller is directed to draw a

19  warrant in favor of Elizabeth Schnell in the sum of

20  $8,473,349.07 and to draw a warrant in favor of Frederick

21  Schnell in the sum of $1,276,650.93, upon funds in the State

22  Treasury to the credit of the Department of Highway Safety and

23  Motor Vehicles, and the State Treasurer is directed to pay the

24  same out of such funds.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                 CS for SB 10
    306-670-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 10

  3

  4  The Committee Substitute for allows for the payment of
    $8,473,349.07 to Elizabeth Schnell and for the payment of
  5  $1,276,650.93 to Frederick Schnell in conformance with the
    terms of the settlement agreement.
  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5