Senate Bill sb0040

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)            SB 40

    By Senator Campbell





    32-107-06

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; providing for the relief of

  4         Stephen Hall to compensate him for injuries

  5         sustained as a result of the negligence of an

  6         employee of the department; providing an

  7         appropriation; providing an effective date.

  8  

  9         WHEREAS, on June 30, 1997, Stephen Hall was a passenger

10  in a vehicle driven by his father, Edward Hall, traveling

11  westbound on State Road 500 in Brevard County, Florida, and

12         WHEREAS, David Eaker, an employee of the Department of

13  Transportation, was stopped on the north shoulder of State

14  Road 500, headed in the same direction as the Hall vehicle,

15  and

16         WHEREAS, as the Hall vehicle approached his vehicle,

17  David Eaker pulled into the path of the Hall vehicle,

18  resulting in a collision between the two vehicles, and

19         WHEREAS, Stephen Hall was injured and was transported

20  by ambulance to Holmes Regional Medical Center in Melbourne,

21  where he was treated for multiple traumatic injuries,

22  including multiple facial fractures and lacerations; multiple

23  intra-oral mucosal lacerations; and orthopedic injuries to his

24  right arm and shoulder, neck, and both knees, and

25         WHEREAS, as a result of the injuries, Stephen Hall was

26  subjected to multiple surgeries and physical therapy, will

27  likely need additional surgery for the injuries in the future,

28  missed 2 years of school, has suffered from mood swings and

29  depression, and has permanent facial disfigurement and

30  continuing problems as a result of the injuries, and

31  

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    Florida Senate - 2006        (Corrected Copy)            SB 40
    32-107-06




 1         WHEREAS, Stephen Hall's medical expenses total

 2  $51,586.81 to date, and

 3         WHEREAS, David Eaker was determined to be at fault and

 4  was charged with failure to yield the right-of-way, and

 5         WHEREAS, the Halls filed suit in the Eighteenth

 6  Judicial Circuit, in and for Brevard County, against the

 7  Department of Transportation in case number 05-2001-CA-006293,

 8  and

 9         WHEREAS, the parties mediated the case and reached a

10  settlement of all claims, and

11         WHEREAS, the parties entered into a settlement

12  agreement in which the Department of Transportation admitted

13  liability and agreed to the entry of a consent judgment in the

14  amount of $500,000, and

15         WHEREAS, the department has previously paid $112,000 to

16  the claimant and agreed to affirmatively support a claim bill

17  in the amount of $388,000, NOW, THEREFORE,

18  

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

20  

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

22  act are found and declared to be true.

23         Section 2.  The sum of $388,000 is appropriated from

24  the General Revenue Fund to the Department of Transportation

25  for the relief of Stephen Hall for injuries and damages

26  sustained.

27         Section 3.  The Chief Financial Officer is directed to

28  draw a warrant in favor of Stephen Hall in the sum of

29  $388,000, upon funds of the Department of Transportation, and

30  to pay the same to Stephen Hall out of funds in the State

31  Treasury.

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    Florida Senate - 2006        (Corrected Copy)            SB 40
    32-107-06




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

 2  law.

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 5                          SENATE SUMMARY

 6    Provides an appropriation to compensate Stephen Hall for
      injuries sustained as a result of the negligence of an
 7    employee of the Department of Transportation.

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