Florida Senate - 2009                     (Reformatted)    SB 16
       
       
       
       By Senator Dean
       
       
       
       
       3-00080-09                                              200916__
    1                        A bill to be entitled                      
    2         An act for the relief of Doretta Spurway; providing an
    3         appropriation to compensate her for injuries she
    4         sustained as result of the negligence of an employee
    5         of the Department of Highway Safety and Motor
    6         Vehicles; providing a limitation on the payment of
    7         fees and costs; providing an effective date.
    8  
    9         WHEREAS, on January 30, 1998, the vehicle driven by Carol
   10  Jean Robinson struck the rear of the vehicle driven by Doretta
   11  Spurway while Ms. Spurway was stopped in traffic on State Road
   12  60 at the intersection of Sharewood Drive, and
   13         WHEREAS, at the time of the accident, Ms. Robinson was
   14  acting within the course and scope of her employment with the
   15  Department of Highway Safety and Motor Vehicles, and
   16         WHEREAS, at the time of the accident, Ms. Spurway was 56
   17  years of age and was 58 years of age at the time of the trial,
   18  having a life expectancy of 24.7 years, and
   19         WHEREAS, as a result of the accident, Ms. Spurway suffered
   20  an elevation of the humeral head resulting in impingement,
   21  spurring to the right AC joint contributing to the impingement,
   22  persistent right shoulder subacromial bursitis, cervical strain,
   23  right shoulder strain, headaches, aggravation of spondylosis at
   24  C6/7 with disc-space narrowing in osteophyte formation, and
   25  straightening of the cervical lordosis, and
   26         WHEREAS, Dr. Fabio Fiore of Brandon Hospital operated on
   27  Ms. Spurway's right shoulder on May 29, 1998, removing the front
   28  lip of the acromion from the rotator cuff, and
   29         WHEREAS, Ms. Spurway continued to suffer persistent
   30  weakness in her right shoulder and posttraumatic cervical
   31  headaches resulting from the accident and Dr. Fiore testified
   32  that the posttraumatic cervical headaches are permanent, and
   33         WHEREAS, Dr. Fiore also testified that Ms. Spurway suffered
   34  a permanent injury to her shoulder in the accident, which was
   35  confirmed by magnetic resonance imaging, and that Ms. Spurway is
   36  a candidate for a future shoulder operation, and
   37         WHEREAS, following her surgery, Ms. Spurway sought
   38  treatment from Dr. Luis Crespo who performed a functional
   39  capacity evaluation that was introduced into evidence at trial,
   40  and
   41         WHEREAS, Dr. Fiore testified that, within reasonable
   42  medical certainty, the cost of the future shoulder surgery will
   43  be $20,000 and that Ms. Spurway will incur annual medical bills
   44  of $5,000 to $6,000 for medication, physical therapy, and
   45  treatment for her ongoing headaches and neck pain, and
   46         WHEREAS, Dr. Crespo testified that, following surgery, Ms.
   47  Spurway developed atrophy and chronic swelling of the tissues in
   48  her shoulder and that Ms. Spurway will incur annual medical
   49  bills of $2,000 to $2,500 for treatment, excluding surgery, of
   50  the shoulder injury, and
   51         WHEREAS, before the accident, Ms. Spurway had worked full
   52  time as a certified nursing assistant for more than 30 years,
   53  work that involved caring for elderly patients who are unable to
   54  care for themselves, bathing patients, pushing patients in
   55  wheelchairs, and helping patients to walk, and
   56         WHEREAS, before the accident Ms. Spurway earned $17,005 in
   57  1997, and following the accident her annual income dropped to
   58  $7,172 in 1998, and Ms. Spurway has been unable to work since
   59  1998 as a result of her injuries, and
   60         WHEREAS, Dr. Fiore testified that Ms. Spurway's injuries
   61  prohibit her from working as a certified nursing assistant, and
   62  Dr. Crespo, after conducting a functional capacity evaluation,
   63  testified that Ms. Spurway has lost 60 to 70 percent of the
   64  range of motion in her right shoulder as a result of the
   65  accident and further testified that Ms. Spurway is unable to
   66  perform the full duties of a nursing assistant, and
   67         WHEREAS, Ms. Spurway has been unable to work for 10 years,
   68  has had to sell her house, is living out of a car and staying
   69  with friends and family, and currently has difficulty paying for
   70  her necessary medications, and
   71         WHEREAS, a jury determined that, as a result of the
   72  accident, the amount of damages suffered by Ms. Spurway for
   73  medical expenses, lost earnings, and loss of wage-earning
   74  capacity is $56,942.37, determined that the present value of
   75  future medical care and treatment and lost wage-earning capacity
   76  to be sustained in future years by Ms. Spurway is $165,000, and
   77  returned a verdict awarding a total amount of $221,942.37 to Ms.
   78  Spurway, NOW, THEREFORE,
   79  
   80  Be It Enacted by the Legislature of the State of Florida:
   81         
   82         Section 1. The facts stated in the preamble to this act are
   83  found and declared to be true.
   84         Section 2. The sum of $221,942.37 is appropriated from the
   85  General Revenue Fund to the Department of Highway Safety and
   86  Motor Vehicles for the relief of Doretta Spurway for injuries
   87  and damages sustained.
   88         Section 3. The Chief Financial Officer is directed to draw
   89  a warrant in favor of Doretta Spurway in the sum of $221,942.37
   90  upon funds of the Department of Highway Safety and Motor
   91  Vehicles, and the Chief Financial Officer is directed to pay the
   92  same out of such funds in the State Treasury.
   93         Section 4. This award is intended to provide the sole
   94  compensation for all present and future claims arising out of
   95  the factual situation described in this act which resulted in
   96  the injuries sustained by Doretta Spurway. The total amount paid
   97  for attorney's fees, lobbying fees, costs, and other similar
   98  expenses relating to this claim may not exceed 25 percent of the
   99  amount awarded under this act.
  100         Section 5. This act shall take effect upon becoming a law.