Bill Text: FL H1013 | 2011 | Regular Session | Comm Sub

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Bill Title: Relief/James D. Feurtado, III/Miami-Dade County

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1013 Detail]

Download: Florida-2011-H1013-Comm_Sub.html

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CS/HB 1013

1	A bill to be entitled
2	An act for the relief of James D. Feurtado, III, by Miami-
3	Dade County; providing for an appropriation to compensate
4	him for injuries he sustained as a result of the
5	negligence of an employee of Miami-Dade County; providing
6	a limitation on the payment of fees and costs; providing
7	an effective date.
8
9	WHEREAS, on February 12, 2009, James D. Feurtado, III, age
10	37 at the time of the accident, sustained serious and permanent
11	neurologic and orthopedic injuries in a bus accident at
12	approximately 7 p.m. at the intersection of Pisano Avenue and
13	University Drive in Coral Gables, and
14	WHEREAS, the Miami-Dade County bus operator failed to stop
15	at the stop sign at this intersection before making a right-hand
16	turn and collided into James D. Feurtado, III, a pedestrian,
17	thereby causing him severe orthopedic and neurological injuries,
18	and
19	WHEREAS, the bus operator was found guilty of violating s.
20	316.123(2)(a), Florida Statutes, for failing to obey the stop
21	sign and was disciplined by Miami-Dade County for various
22	violations of safety policies and procedures, and
23	WHEREAS, Mr. Feurtado was transported to the Ryder Trauma
24	Center, where he was found to have sustained a large extra-axial
25	hematoma in the left hemisphere of the brain with mass effect
26	and mid-line shift, a large left hemispheric subarachnoid
27	hemorrhage, as well as left temporal, parietal, and bi-frontal
28	hemorrhagic contusions. He also sustained a right maxillary
29	sinus fracture involving the anterior and lateral wall extending
30	into the floor and lateral wall of the orbit, and fracture to
31	the right zygomatic arch and temporal bone, and
32	WHEREAS, Mr. Feurtado underwent a left frontoparietal
33	craniotomy with evacuation of the subdural hematoma and
34	placement of a drain. He developed post-traumatic communicating
35	hydrocephalus, ultimately requiring further surgery to place a
36	ventriculoperitoneal shunt in order to reduce the brain swelling
37	to a point where a cranioplasty was performed, and
38	WHEREAS, Mr. Feurtado has profound sensorineural hearing
39	loss to the right and has been evaluated for a BAHA implant
40	procedure in the future, and
41	WHEREAS, Mr. Feurtado underwent extensive
42	neuropsychological and psychological evaluation, and
43	WHEREAS, Mr. Feurtado has permanent brain damage,
44	unilateral deafness, vertigo, headaches, psychiatric sequelae, a
45	shunt, scarring, and skull defect, and
46	WHEREAS, Mr. Feurtado underwent assessment by a vocational
47	rehabilitation and life-care planner, and
48	WHEREAS, the total present value of Mr. Feurtado's economic
49	damages from this incident is calculated to be $1,823,468, which
50	consists of his future and past lost earning capacity of
51	$508,083, anticipated future medical expenses of $1,176,840, and
52	past medical expenses of $138,545, and
53	WHEREAS, Miami-Dade County and Mr. Feurtado reached a
54	settlement agreement by mediation in the amount of $1.25
55	million, of which $100,000 has been paid to Mr. Feurtado
56	pursuant to the limits of liability set forth in s. 768.28,
57	Florida Statutes, and the remainder is conditioned upon the
58	passage of a claim bill, which is unopposed, in the amount of
59	$1.15 million, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2.  Miami-Dade County is authorized and directed to
66	appropriate from funds of the county not otherwise appropriated
67	and to draw a warrant in the sum of $1.15 million, payable to
68	James D. Feurtado, III, as compensation for injuries and damages
69	sustained.
70	Section 3.  The amount paid by Miami-Dade County pursuant
71	to s. 768.28, Florida Statutes, and the amount awarded under
72	this act are intended to provide the sole compensation for all
73	present and future claims arising out of the factual situation
74	described in this act which resulted in injuries to James D.
75	Feurtado, III. The total amount paid for attorney's fees,
76	lobbying fees, costs, and other similar expenses relating to
77	this claim may not exceed 25 percent of the total amount awarded
78	under this act.
79	Section 4.  This act shall take effect upon becoming a law.

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