HB 255

1	A bill to be entitled
2	An act for the relief of Dennis Gay and Diana Gay;
3	providing an appropriation to compensate Dennis Gay and
4	Diana Gay for injuries sustained as a result of the
5	negligence of the Department of Transportation;
6	providing for the use of funds; providing for the
7	reversion of funds to the state; providing a limitation
8	on the total amount paid for attorney's fees, lobbying
9	fees, costs, and other similar expenses relating to the
10	claim; providing an effective date.
11
12	WHEREAS, on February 2, 2005, at approximately 7 a.m.,
13	Dennis Gay, a 58-year-old man, was a pedestrian in the
14	crosswalk of Brorein Street in Tampa when he was struck by a
15	Department of Transportation vehicle, and
16	WHEREAS, upon being struck by the vehicle, Dennis Gay was
17	thrown approximately 27 feet and rendered unconscious, and
18	WHEREAS, Dennis Gay was taken by ambulance to Tampa
19	General Hospital and was admitted to the hospital in critical
20	condition, diagnosed as having a skull fracture, subarachnoid
21	hemorrhage, subdural hematoma, intracerebral hemorrhage, and
22	left hemiparesis, and
23	WHEREAS, the primary neurosurgeon attending to Dennis Gay
24	induced a coma to try and control the swelling in Dennis Gay's
25	brain, and
26	WHEREAS, Dennis Gay was objectively diagnosed by computer
27	tomography imaging as having significant brain bleeding, which
28	left him permanently brain-damaged and suffering from impaired
29	cognitive functioning and loss of emotional control, and
30	WHEREAS, the neuropsychologist hired by the Department of
31	Transportation to examine Dennis Gay concurred in the finding
32	of permanent brain damage, and
33	WHEREAS, upon discharge from the hospital several months
34	later in April 2005, Dennis Gay exhibited goal-directed
35	behavior only if cued, was able to relearn old skills such as
36	activities of daily living, though memory loss interfered with
37	new learning, had a beginning awareness of self and others,
38	suffered cognitive difficulties and struggled with ambulation,
39	and was unable to negotiate the entry stairs at his home, thus
40	requiring ramp modifications to the premises, and
41	WHEREAS, Diana Gay, Dennis Gay's wife of 35 years, is
42	left with the care and custody of a significantly disabled man
43	who looks like her husband but no longer acts like her
44	husband, and
45	WHEREAS, Dennis and Diana Gay filed a lawsuit against the
46	Department of Transportation seeking compensation for injuries
47	and damages sustained, and
48	WHEREAS, there is no dispute as to the liability of the
49	Department of Transportation, and the department has submitted
50	to a consent judgment in the amount of $900,000, with Dennis
51	Gay to receive $600,000 and Diana Gay to receive $300,000, and
52	WHEREAS, the Department of Transportation has paid
53	$100,000 to each claimant pursuant to the limits of liability
54	set forth in s. 768.28, Florida Statutes, and payment of the
55	remaining amount is conditioned upon the passage of a claim
56	bill by the Legislature in the amount of $700,000, of which
57	$500,000 is to be placed in a special needs trust created for
58	the benefit of Dennis Gay and $200,000 is to be paid to Diana
59	Gay, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2.  There is appropriated from the General
66	Revenue Fund to the Department of Transportation the sum of
67	$500,000 for the relief of Dennis Gay as compensation for
68	injuries and damages sustained. The funds awarded under this
69	section shall be placed in a special needs trust created for
70	the use and benefit of Dennis Gay. Any funds remaining in the
71	trust upon the death of Dennis Gay shall revert to the General
72	Revenue Fund of the State of Florida.
73	Section 3.  The Chief Financial Officer is directed to
74	draw a warrant in favor of Dennis Gay in the sum of $500,000
75	upon funds in the State Treasury to the credit of the
76	Department of Transportation, and the Chief Financial Officer
77	is directed to pay the same out of such funds in the State
78	Treasury not otherwise appropriated.
79	Section 4.  There is appropriated from the General
80	Revenue Fund to the Department of Transportation the sum of
81	$200,000 for the relief of Diana Gay as compensation for
82	injuries and damages sustained.
83	Section 5.  The Chief Financial Officer is directed to
84	draw a warrant in favor of Diana Gay in the sum of $200,000
85	upon funds in the State Treasury to the credit of the
86	Department of Transportation, and the Chief Financial Officer
87	is directed to pay the same out of such funds in the State
88	Treasury not otherwise appropriated.
89	Section 6.  Any amount paid by the Department of
90	Transportation pursuant to the waiver of sovereign immunity
91	permitted under s. 768.28, Florida Statutes, and the award
92	under this act are intended to provide the sole compensation
93	for all present and future claims arising out of the factual
94	situation described in the preamble to this act which resulted
95	in injuries and damages to Dennis Gay and Diana Gay. The total
96	amount paid for attorney's fees, lobbying fees, costs, and
97	other similar expenses relating to this claim may not exceed
98	25 percent of the amount awarded under sections 2 and 4 of
99	this act.
100	Section 7.  This act shall take effect upon becoming a

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