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