Senate Bill 0010er
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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.
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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
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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
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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
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2000 Legislature CS for SB 10, 1st Engrossed
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, and
5 WHEREAS, the Legislature has generally favored
6 structured payments and guaranteed term annuities in large
7 claims and in claims on behalf of those who have suffered
8 serious or permanent injuries that are likely to require
9 substantial or long-term medical care, NOW, THEREFORE,
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. The facts stated in the preamble to this
14 act are found and declared to be true.
15 Section 2. The sum of $8,473,349.07 is appropriated
16 out of the funds in the State Treasury to the credit of the
17 Department of Highway Safety and Motor Vehicles to be paid to
18 Elizabeth Schnell as relief for her losses. After the payment
19 of fees and costs, medical bills and other immediate needs,
20 the remaining proceeds shall be used to purchase an
21 appropriate structured financial plan to ensure the continued
22 medical care of Mrs. Schnell. In the event of Mrs. Schnell's
23 death within twenty years of the date of the enactment of this
24 bill, the residual monies in the structured financial plan
25 shall revert to the General Revenue Fund of the State of
26 Florida. If Mrs. Schnell's death occurs after twenty years of
27 the date of the enactment of this bill, then the residual
28 monies in the structured financial plan shall inure to the
29 benefit of Mrs. Schnell's estate. In the event Mrs. Schnell
30 dies prior to twenty years from the date of the enactment of
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1 this bill, then her estate shall be entitled to two additional
2 years of payments pursuant to the structured financial plan.
3 Section 3. The sum of $1,276,650.93 is appropriated
4 out of the State Treasury to the credit of the Department of
5 Highway Safety and Motor Vehicles to be paid to Frederick
6 Schnell as relief for his losses.
7 Section 4. The Comptroller is directed to draw a
8 warrant in favor of Elizabeth Schnell in the sum of
9 $8,473,349.07 and to draw a warrant in favor of Frederick
10 Schnell in the sum of $1,276,650.93, upon funds in the State
11 Treasury to the credit of the Department of Highway Safety and
12 Motor Vehicles, and the State Treasurer is directed to pay the
13 same out of such funds.
14 Section 5. This act shall take effect upon becoming a
15 law.
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