HB 1339

1
A bill to be entitled
2An act for the relief of Thomas and Karen Brandi by the
3city of Haines City; providing for an appropriation to
4compensate them for injuries sustained as a result of the
5negligence of the city of Haines City; providing a
6limitation on the payment of fees and costs; providing an
7effective date.
8
9     WHEREAS, Thomas Brandi was involved in a two-vehicle
10accident that occurred on March 26, 2005, on U.S. Highway 27 in
11Haines City, Florida, and
12     WHEREAS, Thomas Brandi was traveling alone and turning onto
13U.S. Highway 27 from Southern Dunes Boulevard on a green arrow
14when his vehicle was broadsided on the driver's side by a Haines
15City police car operated by Officer Pamela Graham, and
16     WHEREAS, Officer Graham entered the intersection despite a
17red light and impacted the driver's side door of Mr. Brandi's
18vehicle in excess of 45 miles per hour, and
19     WHEREAS, Officer Graham failed to operate her vehicle in a
20reasonably safe manner and conducted herself in direct violation
21of procedures of the Haines City Police Department, and
22     WHEREAS, although she claimed that she was responding to a
23distress call, there was no evidence to support this statement
24and the internal investigation conducted by the Haines City
25Police Department concluded that she was neither called nor
26dispatched to the location where she was headed, and
27     WHEREAS, the internal investigation conducted by the Haines
28City Police Department found her to be at fault in the accident,
29and
30     WHEREAS, as a result of the crash, Thomas Brandi sustained
31life-threatening injuries, including an aortic arch tear with
32contained hematoma and suggestion of active bleeding, a
33fractured rib, a right fibula fracture, a fractured sternum, a
34left acetabulum fracture, multiple right inferior pubic ramus
35fractures, and severe traumatic brain injury resulting in
36cognitive disorder, complex personality change, depressive
37disorder, pain disorder, post-traumatic stress disorder, and
38panic disorder, and
39     WHEREAS, Thomas Brandi's medical expenses at the time of
40trial exceeded $156,000, and
41     WHEREAS, after a trial, a jury entered a verdict assessing
42the city of Haines City 60 percent liability for the injuries
43sustained by Mr. Brandi in the accident, and assessing Thomas
44Brandi 40 percent liability for the accident, and
45     WHEREAS, future medical expenses and lost earning ability
46in the future totaled $903,000, and the verdict included an
47award for past medical expenses and lost wages in the amount of
48$279,330, and
49     WHEREAS, Thomas Brandi was awarded $450,000 in damages for
50past and future pain and suffering and Karen Brandi was awarded
51$175,000 in damages for past and future loss of consortium, and
52     WHEREAS, after reduction for comparative negligence, the
53net award to Thomas and Karen Brandi was $1,084,396, and
54     WHEREAS, a stipulated cost judgment in the amount of
55$94,049.84 was entered by the trial court, and the City of
56Haines City paid $200,000 to Thomas and Karen Brandi in
57satisfaction of sovereign immunity limits, NOW, THEREFORE,
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  The facts stated in the preamble to this act
62are found and declared to be true.
63     Section 2.  The city of Haines City is authorized and
64directed to appropriate from funds of the city not otherwise
65appropriated and to draw a warrant in the amount of $978,445.84,
66payable to Thomas and Karen Brandi, as compensation for injuries
67and damages sustained.
68     Section 3.  The amount paid pursuant to s. 768.28, Florida
69Statutes, and the amount awarded under this act are intended to
70provide the sole compensation for all present and future claims
71arising out of the factual situation described in this act which
72resulted in injuries to Thomas and Karen Brandi. The total
73amount paid for attorney's fees, lobbying fees, costs, and other
74similar expenses relating to this claim may not exceed 25
75percent of the total amount awarded under this act.
76     Section 4.  This act shall take effect upon becoming a law.


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