Florida Senate - 2014 (NP) SB 22
By Senator Montford
3-00105-14 201422__
1 A bill to be entitled
2 An act for the relief of Jennifer Wohlgemuth by the
3 Pasco County Sheriff’s Office; providing for an
4 appropriation to compensate Jennifer Wohlgemuth, whose
5 injuries were due to the negligence of an employee of
6 the Pasco County Sheriff’s Office; providing a
7 limitation on the payment of fees and costs; providing
8 an effective date.
9
10 WHEREAS, in the early morning of January 3, 2005, Deputy
11 Kenneth Petrillo was driving one of four law enforcement
12 vehicles engaged in a high-speed pursuit, and
13 WHEREAS, Deputy Petrillo’s vehicle was well behind the
14 other vehicles, which had already cleared the intersection of
15 Ridge Road and Regency Park Boulevard in Pasco County, and
16 WHEREAS, Deputy Petrillo, who did not activate his
17 vehicle’s siren or flashing lights, sped through the
18 intersection on a red light at a speed of more than 20 miles per
19 hour faster than the posted speed limit while traveling
20 eastbound on Ridge Road, and
21 WHEREAS, Deputy Petrillo’s vehicle violently struck the
22 passenger side of Jennifer Wohlgemuth’s vehicle as she entered
23 the intersection on a green light while observing the speed
24 limit, driving appropriately, and traveling southbound on
25 Regency Park Boulevard, and
26 WHEREAS, none of the numerous witnesses to the crash heard
27 Deputy Petrillo’s siren or saw flashing lights, and after the
28 crash Deputy Petrillo’s siren switch was in the radio mode,
29 which indicates that the siren was not activated at the time of
30 the crash, and
31 WHEREAS, an internal affairs investigation into the
32 accident found that Deputy Petrillo violated the policies of the
33 Pasco County Sheriff’s Office, and he was suspended for 30 days
34 without pay and subjected to other disciplinary measures, and
35 WHEREAS, as a result of the accident, 21-year-old Jennifer
36 Wohlgemuth was in a coma for 3 weeks, was unable to speak for
37 several months thereafter, and did not return home until August
38 2005, and
39 WHEREAS, Jennifer Wohlgemuth also suffered profound brain
40 injuries, including a subdural hematoma of the right frontal
41 lobe and subarachnoid hemorrhage that resulted in removal of a
42 portion of her skull, and
43 WHEREAS, due to the damage to her frontal lobe, Jennifer
44 Wohlgemuth’s behavior and impulse control are similar to those
45 of a 7-year-old child and require that she be supervised 24
46 hours a day, 7 days a week, and
47 WHEREAS, Jennifer Wohlgemuth currently suffers from severe
48 memory loss, partial loss of vision, lack of balance, urinary
49 problems, anxiety, depression, dysarthric speech, acne, and
50 weight fluctuations, and
51 WHEREAS, as a result of her significant memory impairment
52 and lack of judgment, Jennifer Wohlgemuth is unable to drive,
53 work at a job, or live independently, and
54 WHEREAS, a 3-day bench trial was held in the Sixth Judicial
55 Circuit, and on March 12, 2009, the trial court rendered a
56 verdict in Jennifer Wohlgemuth’s favor, awarding total damages
57 of $9,141,267.32, and
58 WHEREAS, the court found that Deputy Petrillo was 95
59 percent responsible for Jennifer Wohlgemuth’s injuries and that
60 Jennifer was responsible for the remaining 5 percent due to her
61 alleged failure to wear a seat belt, and
62 WHEREAS, on August 4, 2009, the trial court entered its
63 amended final judgment in the amount of $8,724,754.40, and
64 WHEREAS, the Pasco County Sheriff’s Office appealed the
65 amended final judgment to the Second District Court of Appeal,
66 and the appellate court affirmed the trial court’s final
67 judgment on March 10, 2010, and
68 WHEREAS, according to s. 768.28, Florida Statutes, the
69 Pasco County Sheriff’s Office paid the statutory limit of
70 $100,000, and $8,624,754.40 remains unpaid, NOW, THEREFORE,
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. The facts stated in the preamble to this act are
75 found and declared to be true.
76 Section 2. The Pasco County Sheriff’s Office is authorized
77 and directed to appropriate from funds of the sheriff’s office
78 not otherwise appropriated and to draw a warrant, payable to
79 Jennifer Wohlgemuth, for the amount of $8,624,754.40 for
80 injuries and damages sustained due to the negligence of an
81 employee of the sheriff’s office.
82 Section 3. The amount paid by the Pasco County Sheriff’s
83 Office pursuant to s. 768.28, Florida Statutes, and the amount
84 awarded under this act are intended to provide the sole
85 compensation for all present and future claims arising out of
86 the factual situation described in this act which resulted in
87 the injuries to Jennifer Wohlgemuth. The total amount paid for
88 attorney fees, lobbying fees, costs, and other similar expenses
89 relating to this claim may not exceed 25 percent of the amount
90 awarded under this act.
91 Section 4. This act shall take effect upon becoming a law.