Bill Text: FL S0026 | 2017 | Regular Session | Introduced

---

Bill Title: Relief of Thomas and Karen Brandi by Haines City

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2017-05-05 - Died in Special Master on Claim Bills [S0026 Detail]

Download: Florida-2017-S0026-Introduced.html

---

       Florida Senate - 2017                                      SB 26
       
       
        
       By Senator Steube
       
       23-00037-17                                             201726__
    1                        A bill to be entitled                      
    2         An act for the relief of Thomas and Karen Brandi by
    3         Haines City; providing an appropriation to compensate
    4         them for injuries and damages sustained as a result of
    5         the negligence of an employee of Haines City;
    6         providing a limitation on the payment of fees and
    7         costs; providing an effective date.
    8  
    9         WHEREAS, on March 26, 2005, Thomas Brandi was turning onto
   10  U.S. Highway 27 from Southern Dunes Boulevard in Haines City on
   11  a green arrow when his vehicle was broadsided on the driver’s
   12  side by a car operated by Officer Pamela Graham, an employee of
   13  the Haines City Police Department, and
   14         WHEREAS, Officer Graham entered the intersection on a red
   15  light and struck the driver’s side door of Mr. Brandi’s vehicle
   16  at a speed in excess of 45 miles per hour, and
   17         WHEREAS, although Officer Graham claimed that she was
   18  responding to a distress call, there was no evidence to support
   19  her claim, and the internal investigation conducted by the
   20  Haines City Police Department concluded that she was not called
   21  or dispatched to the location where she was headed, and
   22         WHEREAS, the internal investigation found that Officer
   23  Graham was at fault in the accident, having failed to operate
   24  her vehicle in a reasonably safe manner and having conducted
   25  herself in direct violation of procedures of the Haines City
   26  Police Department, and
   27         WHEREAS, as a result of the crash, Thomas Brandi sustained
   28  life-threatening injuries, including an aortic arch tear with
   29  contained hematoma and suggestion of active bleeding, a rib
   30  fracture, a right fibula fracture, a sternal fracture, a left
   31  acetabular fracture, multiple right inferior pubic ramus
   32  fractures, and severe traumatic brain injury resulting in
   33  cognitive disorder, complex personality change, depressive
   34  disorder, pain disorder, post-traumatic stress disorder, and
   35  panic disorder, and
   36         WHEREAS, Thomas Brandi’s medical expenses at the time of
   37  trial exceeded $156,000, and
   38         WHEREAS, at a trial, a jury entered a verdict assessing 60
   39  percent liability to Haines City and 40 percent liability to
   40  Thomas Brandi for the injuries sustained by Thomas Brandi in the
   41  accident, and
   42         WHEREAS, Thomas Brandi was awarded $903,000 in damages for
   43  future medical expenses and future lost earning ability,
   44  $279,330 for past medical expenses and lost wages, and $450,000
   45  for past and future pain and suffering, and
   46         WHEREAS, Karen Brandi, Thomas Brandi’s wife, was awarded
   47  $175,000 in damages for past and future loss of consortium, and
   48         WHEREAS, after reduction for comparative negligence, the
   49  net award to Thomas and Karen Brandi was $1,084,396, and
   50         WHEREAS, a stipulated cost judgment in the amount of
   51  $94,049 was entered by the trial court against Haines City, and
   52         WHEREAS, Thomas Brandi’s medical expenses as of August 1,
   53  2011, were $167,330, and, as a result of these expenses, Aetna,
   54  Inc., has a lien on any recovery in this matter in the amount of
   55  $78,109, and
   56         WHEREAS, Haines City has paid $200,000 to Thomas and Karen
   57  Brandi in satisfaction of the sovereign immunity limits under s.
   58  768.28, Florida Statutes, applicable at the time the claim
   59  arose, and
   60         WHEREAS, Thomas Brandi received a payment of $100,000 from
   61  his uninsured motorist insurance coverage, NOW, THEREFORE,
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The facts stated in the preamble to this act are
   66  found and declared to be true.
   67         Section 2. Haines City is authorized and directed to
   68  appropriate from funds of the city not otherwise appropriated
   69  and to draw a warrant in the sum of $825,094, payable to Thomas
   70  Brandi and his wife, Karen Brandi, as compensation for injuries
   71  and damages sustained as a result of the negligence of an
   72  employee of Haines City.
   73         Section 3. The amount paid by Haines City pursuant to s.
   74  768.28, Florida Statutes, and the amount awarded under this act
   75  are intended to provide the sole compensation for all present
   76  and future claims arising out of the factual situation described
   77  in this act which resulted in the injuries and damages to Thomas
   78  and Karen Brandi. The total amount paid for attorney fees,
   79  lobbying fees, costs, and other similar expenses relating to
   80  this claim may not exceed 25 percent of the total amount awarded
   81  under this act.
   82         Section 4. This act shall take effect upon becoming a law.