HB 673

1	A bill to be entitled
2	An act for the relief of Doretta Spurway by the Department
3	of Highway Safety and Motor Vehicles; providing an
4	appropriation to compensate her for injuries she sustained
5	as a result of the negligence of an employee of the
6	Department of Highway Safety and Motor Vehicles; providing
7	an effective date.
8
9	WHEREAS, on January 30, 1998, a vehicle driven by Carol
10	Jean Robinson struck the rear of a vehicle driven by Doretta
11	Spurway while Ms. Spurway was stopped in traffic on State Road
12	60 at the intersection of Sharewood Drive in Brandon, Florida,
13	and
14	WHEREAS, at the time of the accident, Carol Jean Robinson
15	was acting within the course and scope of her employment with
16	the Department of Highway Safety and Motor Vehicles, and
17	WHEREAS, at the time of the accident, Doretta Spurway was
18	56 years of age and was 58 years of age at the time of the
19	trial, having a life expectancy of 24.7 years, and
20	WHEREAS, as a result of the accident, Doretta Spurway
21	suffered an elevation of the humeral head resulting in
22	impingement, spurring to the right AC joint contributing to the
23	impingement, persistent right shoulder subacromial bursitis,
24	cervical strain, right shoulder strain, headaches, aggravation
25	of spondylosis at C6/7 with disc-space narrowing in osteophyte
26	formation, and straightening of the cervical lordosis, and
27	WHEREAS, Dr. Fabio Fiore of Brandon Hospital operated on
28	Doretta Spurway's right shoulder on May 29, 1998, removing the
29	front lip of the acromion from the rotator cuff, and
30	WHEREAS, Doretta Spurway continued to suffer persistent
31	weakness in her right shoulder and posttraumatic cervical
32	headaches resulting from the accident, and Dr. Fiore testified
33	that the posttraumatic cervical headaches are permanent, and
34	WHEREAS, Dr. Fiore also testified that Doretta Spurway
35	suffered a permanent injury to her shoulder in the accident,
36	which was confirmed by magnetic resonance imaging, and that
37	Doretta Spurway is a candidate for a future shoulder operation,
38	and
39	WHEREAS, following her surgery, Doretta Spurway sought
40	treatment from Dr. Luis Crespo, who performed a functional
41	capacity evaluation that was introduced into evidence at trial,
42	and
43	WHEREAS, Dr. Fiore testified that, within reasonable
44	medical certainty, the cost of the future shoulder surgery will
45	be $20,000 and that Doretta Spurway will incur annual medical
46	bills of $5,000 to $6,000 for medication, physical therapy, and
47	treatment for her ongoing headaches and neck pain, and
48	WHEREAS, Dr. Crespo testified that, following surgery,
49	Doretta Spurway developed atrophy and chronic swelling of the
50	tissues in her shoulder and that Doretta Spurway will incur
51	annual medical bills of $2,000 to $2,500 for treatment of the
52	shoulder injury, excluding surgery, and
53	WHEREAS, before the accident, Doretta Spurway worked full
54	time as a certified nursing assistant for over 30 years, work
55	that involved caring for elderly patients who are unable to care
56	for themselves, bathing patients, pushing patients in
57	wheelchairs, and helping patients to walk, and
58	WHEREAS, before the accident, Doretta Spurway earned
59	$17,005 in 1997, and, following the accident, her annual income
60	dropped to $7,172 in 1998, and Doretta Spurway has been unable
61	to work since 1998 as a result of her injuries, and
62	WHEREAS, Dr. Fiore testified that Doretta Spurway's
63	injuries prohibit her from working as a certified nursing
64	assistant, and Dr. Crespo, after conducting a functional
65	capacity evaluation, testified that Doretta Spurway has lost 60
66	to 70 percent of the range of motion in her right shoulder as a
67	result of the accident and further testified that Doretta
68	Spurway is unable to perform the full duties of a nursing
69	assistant, and
70	WHEREAS, Doretta Spurway has been unable to work for over 4
71	years, has had to sell her house, is living out of a car and
72	staying with friends and family, and currently has difficulty
73	paying for her necessary medications, and
74	WHEREAS, a jury determined that, as a result of the
75	accident, the amount of damages suffered by Doretta Spurway for
76	medical expenses, lost earnings, and loss of wage-earning
77	capacity is $56,942.37, determined that the present value of
78	future medical care and treatment and lost wage-earning capacity
79	to be sustained in future years by Doretta Spurway is $165,000,
80	and returned a verdict awarding a total amount of $221,942.37 to
81	Doretta Spurway, and
82	WHEREAS, the Department of Highway Safety and Motor
83	Vehicles has paid $100,000 pursuant to the statutory limits of
84	liability set forth in s. 768.28, Florida Statutes, leaving a
85	balance of $121,942.37, NOW, THEREFORE,
86
87	Be It Enacted by the Legislature of the State of Florida:
88
89	Section 1.  The facts stated in the preamble to this act
90	are found and declared to be true.
91	Section 2.  The sum of $121,942.37 is appropriated from the
92	General Revenue Fund to the Department of Highway Safety and
93	Motor Vehicles for the relief of Doretta Spurway for injuries
94	and damages sustained.
95	Section 3.  The Chief Financial Officer is directed to draw
96	a warrant in favor of Doretta Spurway in the sum of $121,942.37
97	upon funds of the Department of Highway Safety and Motor
98	Vehicles, and the Chief Financial Officer is directed to pay the
99	same out of funds in the State Treasury.
100	Section 4.  This act shall take effect upon becoming a law.

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