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.