Bill Text: FL H0519 | 2010 | Regular Session | Introduced


Bill Title: Relief/Ronald Miller/City of Hollywood

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0519 Detail]

Download: Florida-2010-H0519-Introduced.html
HB 519
1
A bill to be entitled
2An act for the relief of Ronald Miller by the City of
3Hollywood; providing for an appropriation to compensate
4him for injuries sustained as a result of the negligence
5of the City of Hollywood; providing a limitation on the
6payment of fees and costs; providing an effective date.
7
8 WHEREAS, on July 30, 2002, Ronald Miller was driving his
9pickup truck home from work, northbound on Federal Highway in
10the left-turn lane, and
11 WHEREAS, at that time, a City of Hollywood employee, Robert
12Mettler, who was driving a city utilities truck, cut across the
13lanes of northbound traffic and crashed into Mr. Miller's
14vehicle head-on, and
15 WHEREAS, Mr. Mettler should not have been allowed to drive
16a city vehicle, given his extensive history of drunken driving
17and traffic violations, and
18 WHEREAS, the impact of the crash caused Mr. Miller to
19suffer two herniated disks in his neck, which require surgery
20that he cannot afford, and he has had multiple surgeries to
21correct torn ligaments in both knees, and
22 WHEREAS, after the knee surgeries, Mr. Miller had to be
23rehospitalized several times due to complications, including
24deep-venous thrombosis and pulmonary embolism, and
25 WHEREAS, according to his orthopedic surgeon, Steven
26Wender, M.D., Mr. Miller will require knee replacements on both
27legs over the next 40 years of his life every 7 to 13 years, at
28a cost of approximately $100,000 per surgery, and is likely to
29require additional medical care for his back, and
30 WHEREAS, Mr. Miller's past medical expenses total
31approximately $75,000, and
32 WHEREAS, the City Attorney informed the Hollywood City
33Commission that it was likely to face a substantial adverse
34verdict in the case but did not attempt to reach a reasonable
35settlement given the city's exposure to liability and damages,
36and
37 WHEREAS, the jury found in favor of Ronald Miller and a
38Final Judgment was entered in the amount of $1,130,731.89, which
39included approximately $75,000 for past medical bills and
40$415,000 for future medical expenses, $200,000 for past pain and
41suffering, and $500,000 for future pain and suffering, and
42 WHEREAS, a Cost Judgment was entered in favor of Ronald
43Miller for $17,257.82, and
44 WHEREAS, the City of Hollywood filed a frivolous posttrial
45motion, which was summarily denied by the trial judge, an
46appeal, for which the Fourth District Court of Appeals affirmed
47the judgment per curiam, and a motion for rehearing of the
48appeal, which was summarily denied by the appellate court, and
49 WHEREAS, the City of Hollywood has paid $100,000 to Ronald
50Miller under the statutory limits of liability set forth in s.
51768.28, Florida Statutes, leaving the sum of $1,047,989.71
52unpaid, NOW, THEREFORE,
53
54Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. The facts stated in the preamble to this act
57are found and declared to be true.
58 Section 2. The City of Hollywood is authorized and
59directed to appropriate from funds of the city not otherwise
60appropriated and to draw a warrant payable to Ronald Miller for
61the total amount of $1,047,989.71 as compensation for injuries
62and damages sustained as a result of the negligence of the City
63of Hollywood.
64 Section 3. The amount awarded under this act is intended
65to provide the sole compensation for all present and future
66claims arising out of the factual situation described in this
67act which resulted in injuries to Ronald Miller. The total
68amount paid for attorney's fees, lobbying fees, costs, and other
69similar expenses relating to this claim may not exceed 25
70percent of the amount awarded under this act.
71 Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.
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