HB 957

1	A bill to be entitled
2	An act for the relief of Vincent H. Merriweather by the
3	School Board of Palm Beach County; providing for an
4	appropriation to compensate him for injuries sustained as
5	a result of the negligence of the school board; providing
6	for a limitation on attorney's fees, lobbying fees, costs,
7	and other similar expenses relating to the claim;
8	providing an effective date.
9
10	WHEREAS, on December 15, 2005, 41-year-old Vincent H.
11	Merriweather, a professional firefighter for Palm Beach County
12	who also coached boys' basketball was driving a student-athlete
13	home from practice in his Chevrolet conversion van in Palm Beach
14	County, Florida, and
15	WHEREAS, while waiting at a red light at the intersection
16	of Forest Hill Boulevard and Olympia Boulevard, Dennis W.
17	Grantham, a school bus driver, was approaching westbound on
18	Forest Hill Boulevard driving a Palm Beach County School
19	District bus, and
20	WHEREAS, Mr. Grantham carelessly drove the school bus into
21	the rear of Vincent Merriweather's van at an impact speed of
22	almost 50 m.p.h., and
23	WHEREAS, unable to move after the accident, Vincent
24	Merriweather was airlifted to Delray Medical Center with
25	decreased sensation in all his extremities, and
26	WHEREAS, subsequent expert forensic analysis of the crash
27	determined that Vincent Merriweather received the principal
28	force of the impact of the collision with the 7-ton bus and that
29	his van traveled 300 feet from impact to the point of rest, the
30	length of a football field, and
31	WHEREAS, although Vincent Merriweather was wearing his
32	seatbelt and shoulder harness, the impact of the crash was so
33	violent that, according to forensic experts, it caused a number
34	of structural and mechanical failures to the interior of Vincent
35	Merriweather's van which resulted in his being ejected backward
36	with his seatbelt on and thrown into the seats behind him, and
37	WHEREAS, MRI's of Vincent Merriweather on December 15 and
38	16, 2005, showed spinal cord contusions at C3 and C6-7, a disc
39	disruption at C6-7 with bone fragment injury at C6-7,
40	encroachment of bone into the spinal canal at C6 and C7, soft
41	tissue edema consistent with disruption of the posterior
42	longitudinal ligament, and ligamentum nuchae at C6-7, and
43	WHEREAS, on December 19, 2005, Vincent Merriweather was
44	transferred to St. Mary's Medical Center and admitted to the
45	intensive care unit where he was treated by Clay Baynham, M.D.,
46	and
47	WHEREAS, Dr. Baynham, a specialist in spinal injuries,
48	diagnosed a central cord syndrome with weakness in both arms,
49	mild low-leg weakness consistent with quadraparesis, left
50	unilateral facet fracture, and ligamentous injuries to the
51	posterior longitude ligament, and
52	WHEREAS, Vincent Merriweather was placed in a cervical
53	collar and, eventually, he progressed from lying in a roto-rest
54	bed to a first-step mattress and then was sent to physical
55	therapy for transfer and gradual activities, and
56	WHEREAS, On December 24, 2005, Vincent Merriweather was
57	transferred to St. Mary's Medical Center Rehabilitation where he
58	was cared for by Craig Lichtblau, M.D., and
59	WHEREAS, Dr. Lichtblau observed that Vincent Merriweather
60	was suffering functional decline, gait dysfunction, and
61	weakness, and
62	WHEREAS, after extensive rehabilitation for nearly 5
63	months, Vincent Merriweather was discharged from St. Mary's
64	Medical Center Rehabilitation on April 6, 2006, and
65	WHEREAS, on October 27, 2006, Clay Baynham, M.D., continued
66	to treat Vincent Merriweather and ordered a cervical MRI which
67	showed a bulging disc at C2-3, a herniated disc at C3-4, and an
68	8mm syrinx at C3 level of the spinal cord, and
69	WHEREAS, on May 6, 2008, Michael Tuchman, M.D., a
70	psychiatrist and neurologist, evaluated Vincent Merriweather
71	and, as a result of the examination, ordered an EEG and an MRI
72	of the brain that revealed abnormal right matter changes in the
73	brain that are consistent with post-traumatic changes, and
74	WHEREAS, Dr. Tuchman's examination also indicated that
75	there was a contusion at the C3-4 level of the spinal cord and
76	that Vincent Merriweather had a syrinx that could worsen, and
77	WHEREAS, in addition, Dr. Tuchman's examination determined
78	that the spinal cord injury had caused Vincent Merriweather to
79	experience a decrease in his sexual function and caused
80	bilateral spasticity in his legs, making Vincent Merriweather's
81	toes point downward and eliminating his ability to run, and
82	WHEREAS, Dr. Tuchman also indicated that Vincent
83	Merriweather's brain does not adequately transmit to him that he
84	is walking, a problem which results in irregular stepping and
85	susceptibility to falling or tripping while walking up stairs,
86	and
87	WHEREAS, Vincent Merriweather's fine motor movements are
88	impaired bilaterally, being worse on the left than the right; he
89	cannot pick up coins, has spotty sensory loss from C4 down, has
90	fairly decreased sensory sensation at C5-6 distribution
91	bilaterally, cannot perform heavy lifting, has a problem picking
92	up pills, and suffers from constipation and intermittent
93	problems emptying his bladder, and
94	WHEREAS, Vincent Merriweather is unemployable and has been
95	given an 80 to 85 percent total disability rating, and
96	WHEREAS, Nicholas A. Rojo, M.D., a neuroradiologist,
97	reviewed various CT scans and MRI's that have been performed on
98	Vincent Merriweather and concluded that the CT scan dated
99	December 15, 2005, shows a Transverse Process Fracture at T1, a
100	facet joint fracture at C7 and T1, and a left C7 lamina
101	fracture, and that the MRI dated December 15, 2005, shows a
102	herniation at C3-4 with contusion of the spinal cord at C3 and
103	partial disruption of C6-7, an encroachment of bone at that
104	level of the spinal cord, a compression fracture of C6 with
105	retropulsion of bone into the spinal canal contusing the spinal
106	cord at that level, and soft tissue swelling of interspinous
107	ligament, and
108	WHEREAS, the MRI dated December 26, 2005, shows a C3 spinal
109	cord contusion, and
110	WHEREAS, the MRI dated August 21, 2006, shows a permanent
111	injury to the spinal cord in the form of a syrinx at C3 and that
112	the white color of the spinal cord at C3 is scar tissue, and
113	WHEREAS, the CT scan of August 28, 2006, shows a fracture
114	at C6, offset at C6-7, which is a subluxation caused by the
115	fracture of the facet joint at C7, and
116	WHEREAS, the MRI of October 27, 2006, shows an 8mm syrinx
117	in the spinal cord at C3, disruption of the longitudinal
118	ligament, and a mild myelomalacia at C6-7, and
119	WHEREAS, the MRI of May 14, 2008, shows findings consistent
120	with post-traumatic leukomalacia axonal injury, and
121	WHEREAS, Dr. Craig Lichtblau, the treating physiatrist for
122	Vincent Merriweather, has prepared two comprehensive
123	rehabilitation evaluations on July 2, 2006, and April 3, 2008,
124	and has provided a life care plan, and
125	WHEREAS, Dr. Lichtblau is of the opinion that Vince
126	Merriweather is unemployable and, without the axonal brain
127	injury, suffers from a 62 percent permanent partial impairment
128	of the body, and
129	WHEREAS, Bernard F. Pettingill, Jr., Ph.D., an economist,
130	determined the cost of the life care plan prepared by Craig
131	Lichtblau, M.D., and calculated the loss of Vincent
132	Merriweather's benefits, and
133	WHEREAS, Dr. Pettingill's calculations are as follows: past
134	loss of earning capacity, $163,261; past loss of fringe
135	benefits, $16,526; and past medical expenses, $471,410, for a
136	total of $651,197 in past losses; future loss of earning
137	capacity, $l,445,754; future loss of fringe benefits, $144,575;
138	future medical expenses $106,231; and habilitative care expenses
139	estimated to be $1,270,648 to $1,322,717, for a total of
140	$2,967,208 to $3,019,277 in estimated future losses, and
141	WHEREAS, at the time of Vincent Merriweather's accident, he
142	was an athletic man, 6 feet 4 inches tall, weighing over 240
143	pounds, who had coached and mentored student-athletes at
144	Cardinal Newman High School in West Palm Beach and then at
145	Summit Christian School, and
146	WHEREAS, Vincent Merriweather had a positive and profound
147	impact on the student-athletes he coached, with several of his
148	players going on to notable success in both professional and
149	collegiate athletics and with others achieving academic success
150	under difficult circumstances, and
151	WHEREAS, prior to the accident of December 15, 2005,
152	Vincent Merriweather took great enjoyment in coaching high
153	school basketball and also had other interests that only the
154	able-bodied can enjoy, and
155	WHEREAS, now Vincent Merriweather's coaching days are over,
156	his athleticism is gone, and, unfortunately, his rich life and
157	positive influence on young people have been greatly altered,
158	and
159	WHEREAS, Vincent Merriweather's life has been
160	catastrophically changed as a result of the accident of December
161	15, 2005, and
162	WHEREAS, Vincent Merriweather is now 44 years old,
163	unemployable, almost completely disabled, limited in his
164	movements, unsteady in his gait, has a syrinx in his spinal
165	cord, is spastic, suffers from decreased sensory sensation,
166	suffers from impairment of fine motor movements, has problems
167	picking up the simplest of objects, including his medication, is
168	constipated, has problems emptying his bladder, and now leads a
169	limited life comparable to that of a sedentary elder, and
170	WHEREAS, as a result of the accident of December 15, 2005,
171	the bus driver, Mr. Grantham, was cited for careless driving and
172	causing the crash, and
173	WHEREAS, a lawsuit was subsequently filed and during the
174	litigation the School Board of Palm Beach County admitted
175	liability in the case, and
176	WHEREAS, the School Board of Palm Beach County has paid
177	$100,000 pursuant to the limits of liability set forth in s.
178	768.28, Florida Statutes, and
179	WHEREAS, on October 15, 2008, the School Board of Palm
180	Beach County unanimously passed a resolution to pay a claims
181	bill in favor of Vince Merriweather in the amount of $3,900,000,
182	NOW, THEREFORE,
183
184	Be It Enacted by the Legislature of the State of Florida:
185
186	Section 1.  The facts stated in the preamble to this act
187	are found and declared to be true.
188	Section 2.  The School Board of Palm Beach County is
189	authorized and directed to appropriate from funds of the county
190	not otherwise appropriated and to draw a warrant in the sum of
191	$3,900,000 payable to Vincent Merriweather as compensation for
192	injuries and damages sustained.
193	Section 3.  Any amount awarded under this act pursuant to
194	the waiver of sovereign immunity permitted under s. 768.28,
195	Florida Statutes, and this award is intended to provide the sole
196	compensation for all present and future claims arising out of
197	the factual situation described in the preamble to this act
198	which resulted in the injury to Vincent Merriweather. The total
199	amount paid for attorney's fees, lobbying fees, costs, and other
200	similar expenses relating to this claim may not exceed 25
201	percent of the amount awarded under section.
202	Section 4.  This act shall take effect upon becoming a law.

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