Bill Text: FL S0044 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Ronald Miller/City of Hollywood

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0044 Detail]

Download: Florida-2010-S0044-Introduced.html

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Florida Senate - 2010                              (NP)    SB 44 
 
By Senator Gelber 
35-00134A-10                                            201044__ 
1                        A bill to be entitled 
2         An act for the relief of Ronald Miller by the City of 
3         Hollywood; providing for an appropriation to 
4         compensate him for injuries sustained as a result of 
5         the negligence of the City of Hollywood; providing a 
6         limitation on the payment of fees and costs; providing 
7         an effective date. 
8 
9         WHEREAS, on July 30, 2002, Ronald Miller was driving his 
10  pickup truck home from work, northbound on Federal Highway in 
11  the left-turn lane, and 
12         WHEREAS, at that time, a City of Hollywood employee, Robert 
13  Mettler, who was driving a city utilities truck, cut across the 
14  lanes of northbound traffic and crashed into Mr. Miller’s 
15  vehicle head-on, and 
16         WHEREAS, Mr. Mettler should have not been allowed to drive 
17  a city vehicle, given his extensive history of drunken driving 
18  and traffic violations, and 
19         WHEREAS, the impact of the crash caused Mr. Miller to 
20  suffer two herniated disks in his neck and he has had multiple 
21  surgeries to correct torn ligaments in both knees, and 
22         WHEREAS, after the knee surgeries, Mr. Miller had to be 
23  rehospitalized due to complications, including deep-venous 
24  thrombosis and pulmonary embolism, and 
25         WHEREAS, according to his orthopedic surgeon, Steven 
26  Wender, M.D., Mr. Miller will require knee replacements on both 
27  legs over the next 40 years of his life every 7 to 13 years, at 
28  a cost of approximately $100,000 per surgery, and is likely to 
29  require additional medical care for his neck, and 
30         WHEREAS, Mr. Miller’s past medical expenses total 
31  approximately $75,000, and 
32         WHEREAS, the City Attorney informed the Hollywood City 
33  Commission that it was likely to face a substantial adverse 
34  verdict in the case but did not attempt to reach a reasonable 
35  settlement given the city’s exposure to liability and damages, 
36  and 
37         WHEREAS, the jury found in favor of Ronald Miller and a 
38  Final Judgment was entered in the amount of $1,130,731.89, which 
39  included approximately $75,000 for past medical bills and 
40  $415,000 for future medical expenses, $200,000 for past pain and 
41  suffering, and $500,000 for future pain and suffering, and 
42         WHEREAS, a Cost Judgment was entered in favor of Mr. Miller 
43  for $17,257.82, and 
44         WHEREAS, the City of Hollywood filed a frivolous posttrial 
45  motion, which was summarily denied by the trial judge, an 
46  appeal, for which the Fourth District Court of Appeals affirmed 
47  the judgment per curiam, and a motion for rehearing of the 
48  appeal, which was summarily denied by the appellate court, and 
49         WHEREAS, the City of Hollywood has paid $100,000 to Ronald 
50  Miller under the statutory limits of liability set forth in s. 
51  768.28, Florida Statutes, leaving the sum of $1,047,989.71 
52  unpaid, NOW, THEREFORE, 
53 
54  Be It Enacted by the Legislature of the State of Florida: 
55 
56         Section 1. The facts stated in the preamble to this act are 
57  found and declared to be true. 
58         Section 2. The City of Hollywood is authorized and directed 
59  to appropriate from funds of the city not otherwise appropriated 
60  and to draw a warrant, payable to Ronald Miller, for the total 
61  amount of $1,047,989.71 as compensation for injuries and damages 
62  sustained as a result of the negligence of the City of 
63  Hollywood. 
64         Section 3. The amount awarded under this act is intended to 
65  provide the sole compensation for all present and future claims 
66  arising out of the factual situation described in this act which 
67  resulted in injuries to Ronald Miller. The total amount paid for 
68  attorney’s fees, lobbying fees, costs, and other similar 
69  expenses relating to this claim may not exceed 25 percent of the 
70  amount awarded under this act. 
71         Section 4. This act shall take effect upon becoming a law.