Florida Senate - 2018                              (NP)    SB 28
       By Senator Montford
       3-00146-18                                              201828__
    1                        A bill to be entitled                      
    2         An act for the relief of Christopher Cannon; providing
    3         an appropriation to compensate him for injuries and
    4         damages sustained as a result of the alleged
    5         negligence of the City of Tallahassee; providing that
    6         the appropriation satisfies all present and future
    7         claims arising out of the alleged negligent acts;
    8         providing a limitation on the payment of attorney
    9         fees; providing an effective date.
   11         WHEREAS, on December 16, 2015, Christopher Cannon was
   12  driving his motorcycle home from work, and
   13         WHEREAS, a City of Tallahassee Dial-A-Ride driver,
   14  believing that an intersection where she was preparing to make a
   15  turn was clear of traffic, made a left-hand turn in front of
   16  Christopher Cannon, who crashed into the left front of the Dial
   17  A-Ride vehicle, causing him to be ejected from his motorcycle
   18  across two lanes of traffic, and
   19         WHEREAS, Christopher Cannon was transported to Tallahassee
   20  Memorial Hospital where he was treated for a pulmonary
   21  contusion, a right sixth rib fracture, a right scapular
   22  fracture, a right kidney laceration, an adrenal gland contusion,
   23  a right tibia fracture, a right fibula fracture, a right mid
   24  shaft femoral fracture, and a spleen laceration, and
   25         WHEREAS, surgeons placed a rod secured by four screws
   26  through Christopher Cannon’s tibia and inserted a plate and four
   27  screws to realign his right humerus fracture, and
   28         WHEREAS, Christopher Cannon was discharged approximately 2
   29  weeks after the accident, but was readmitted 1 week after his
   30  initial discharge due to a wound infection that required
   31  additional surgery for debridement, and
   32         WHEREAS, on March 30, 2016, a mandatory hearing was
   33  conducted by the Leon County Court pursuant to ss. 318.14 and
   34  318.19, Florida Statutes, for the purpose of making a
   35  determination as to whether the Dial-A-Ride driver committed a
   36  violation of s. 316.122, Florida Statutes, related to yield of
   37  right-of-way, vehicle turning left, and
   38         WHEREAS, on April 4, 2016, the Leon County Court entered an
   39  order finding that the Dial-A-Ride driver violated s. 316.122,
   40  Florida Statutes, and that the victim suffered serious bodily
   41  harm as a direct result of the resulting accident, and
   42         WHEREAS, on July 11, 2016, counsel for Christopher Cannon
   43  filed a claim against the City of Tallahassee seeking
   44  compensation for the injuries and damages arising out of the
   45  accident in the Circuit Court of the Second Judicial Circuit in
   46  and for Leon County, Case No. 2016 CA 1560, alleging the
   47  negligence per se of the Dial-A-Ride driver and the negligent
   48  hiring, training, disciplining, supervision, and retention of
   49  the Dial-A-Ride driver by the City of Tallahassee, and
   50         WHEREAS, counsel for Christopher Cannon alleged that the
   51  Dial-A-Ride driver committed negligence per se by failing to
   52  yield to oncoming traffic when making a left turn in violation
   53  of s. 316.122, Florida Statutes, during the accident, and
   54         WHEREAS, counsel for Christopher Cannon alleged that the
   55  City of Tallahassee had a duty to exercise reasonable care in
   56  the hiring, training, disciplining, supervision, and retention
   57  of the Dial-A-Ride driver, and
   58         WHEREAS, counsel for Christopher Cannon alleged that the
   59  City of Tallahassee breached its duty of reasonable care by
   60  failing to exercise its duty of reasonable care to effectively
   61  and reasonably train, discipline, supervise, and retain or
   62  discharge the Dial-A-Ride driver, who incurred multiple traffic
   63  citations during the period from 1994 through 2012, and
   64         WHEREAS, counsel for Christopher Cannon alleged that as a
   65  direct and proximate result of the negligence of the City of
   66  Tallahassee in failing to exercise a reasonable duty of care,
   67  and but for that negligence, Christopher Cannon suffered bodily
   68  injury that resulted in pain and suffering; disability;
   69  disfigurement; mental anguish; loss of capacity for the
   70  enjoyment of life; costs associated with his hospitalization,
   71  medical and nursing care, and treatment; loss of earnings; and
   72  loss of the ability to earn money, and
   73         WHEREAS, Christopher Cannon’s past medical expenses and
   74  lost wages are in excess of $225,000 and it is anticipated that
   75  he will incur additional medical expenses in the future as a
   76  result of his injuries, and
   77         WHEREAS, following mediation, a final order was entered in
   78  the case approving a settlement in the sum of $700,000 between
   79  Christopher Cannon and the City of Tallahassee to satisfy all
   80  present and future claims arising out of the factual situation
   81  described in this act, and
   82         WHEREAS, pursuant to the final order, the City of
   83  Tallahassee has paid $200,000 to Christopher Cannon under the
   84  statutory limits of liability set forth in s. 768.28, Florida
   85  Statutes, and $500,000 remains unpaid, NOW, THEREFORE,
   87  Be It Enacted by the Legislature of the State of Florida:
   89         Section 1. The facts stated in the preamble to this act are
   90  found and declared to be true.
   91         Section 2. The City of Tallahassee is authorized and
   92  directed to appropriate from funds not otherwise encumbered and
   93  to draw a warrant in the sum of $500,000 payable to Christopher
   94  Cannon as compensation for injuries and damages sustained.
   95         Section 3. The amount paid by the City of Tallahassee
   96  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   97  under this act are intended to provide the sole compensation for
   98  all present and future claims arising out of the factual
   99  situation described in this act which resulted in injuries and
  100  damages to Christopher Cannon. The total amount paid for
  101  attorney fees relating to this claim may not exceed 25 percent
  102  of the amount awarded under this act.
  103         Section 4. This act shall take effect upon becoming a law.