Florida Senate - 2009 (Reformatted) SB 60
By Senator Rich
34-00150B-09 200960__
1 A bill to be entitled
2 An act for the relief of Ronald Miller by the City of
3 Hollywood; providing for an appropriation to
4 compensate him for injuries sustained as a result of
5 the negligence of the City of Hollywood; providing a
6 limitation on the payment of fees and costs; providing
7 an effective date.
8
9 WHEREAS, on July 30, 2002, Ronald Miller was driving his
10 pickup truck home from work, northbound on Federal Highway in
11 the left-turn lane, and
12 WHEREAS, at that time, a City of Hollywood employee, Robert
13 Mettler, who was driving a city utilities truck, cut across the
14 lanes of northbound traffic and crashed into Mr. Miller's
15 vehicle head-on, and
16 WHEREAS, Mr. Mettler should have not been allowed to drive
17 a city vehicle, given his extensive history of drunken driving
18 and traffic violations, and
19 WHEREAS, the impact of the crash caused Mr. Miller to
20 suffer two herniated disks in his neck, which require surgery
21 that he cannot afford, and he has had multiple surgeries to
22 correct torn ligaments in both knees, and
23 WHEREAS, after the knee surgeries, Mr. Miller had to be
24 rehospitalized several times due to complications, including
25 deep-venous thrombosis and pulmonary embolism, and
26 WHEREAS, according to his orthopedic surgeon, Steven
27 Wender, M.D., Mr. Miller will require knee replacements on both
28 legs over the next 40 years of his life every 7 to 13 years, at
29 a cost of approximately $100,000 per surgery, and is likely to
30 require additional medical care for his back, and
31 WHEREAS, Mr. Miller's past medical expenses total
32 approximately $75,000, and
33 WHEREAS, the City Attorney informed the Hollywood City
34 Commission that it was likely to face a substantial adverse
35 verdict in the case but did not attempt to reach a reasonable
36 settlement given the City's exposure to liability and damages,
37 and
38 WHEREAS, the jury awarded and Final Judgment was entered in
39 favor of Mr. Miller for $1,130,731.89, including approximately
40 $75,000 for past medical bills and $415,000 for future medical
41 expenses, $200,000 for past pain and suffering, and $500,000 for
42 future pain and suffering, and
43 WHEREAS, a Cost Judgment was entered in favor of Mr. Miller
44 for $17,257.82, and
45 WHEREAS, the City of Hollywood filed a frivolous posttrial
46 motion, which was summarily denied by the trial judge, an
47 appeal, for which the Fourth District Court of Appeals affirmed
48 the judgment per curiam, and a motion for rehearing of the
49 appeal, which was summarily denied by the appellate court, NOW,
50 THEREFORE,
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. The facts stated in the preamble to this act are
55 found and declared to be true.
56 Section 2. The City of Hollywood is authorized and directed
57 to appropriate from funds of the city not otherwise appropriated
58 and to draw a warrant, payable to Ronald Miller, for the total
59 amount of $1,147,989.71 as compensation for injuries and damages
60 sustained as a result of the negligence of the City of
61 Hollywood.
62 Section 3. The amount awarded under this act is intended to
63 provide the sole compensation for all present and future claims
64 arising out of the factual situation described in this act which
65 resulted in injuries to Ronald Miller. The total amount paid for
66 attorney's fees, lobbying fees, costs, and other similar
67 expenses relating to this claim may not exceed 25 percent of the
68 amount awarded under this act.
69 Section 4. This act shall take effect upon becoming a law.