Bill Text: FL S0056 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Dennis Gay/Department of Transportation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0056 Detail]

Download: Florida-2011-S0056-Introduced.html

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       Florida Senate - 2011                              (NP)    SB 56
       
       
       
       By Senator Storms
       
       
       
       
       10-00024A-11                                            201156__
    1                        A bill to be entitled                      
    2         An act for the relief of Dennis Gay; providing an
    3         appropriation to compensate Dennis Gay for injuries
    4         sustained as a result of the negligence of the
    5         Department of Transportation; providing for the use of
    6         funds; providing for the reversion of funds to the
    7         state; providing a limitation on the total amount paid
    8         for attorney’s fees, lobbying fees, costs, and other
    9         similar expenses relating to the claim; providing an
   10         effective date.
   11  
   12         WHEREAS, on February 2, 2005, at approximately 7 a.m.,
   13  Dennis Gay, a 60-year-old man, was a pedestrian in the crosswalk
   14  of Brorein Street in Tampa when he was struck by a Department of
   15  Transportation vehicle, and
   16         WHEREAS, upon being struck by the vehicle, Dennis Gay was
   17  thrown approximately 27 feet and rendered unconscious, and
   18         WHEREAS, Dennis Gay was taken by ambulance to Tampa General
   19  Hospital and was admitted to the hospital in critical condition,
   20  diagnosed as having a skull fracture, subarachnoid hemorrhage,
   21  subdural hematoma, intracerebral hemorrhage, and left
   22  hemiparesis, and
   23         WHEREAS, the primary neurosurgeon attending to Dennis Gay
   24  induced a coma to try to control the swelling in Dennis Gay’s
   25  brain, and
   26         WHEREAS, Dennis Gay was objectively diagnosed by computer
   27  tomography imaging as having significant brain bleeding, which
   28  left him permanently brain-damaged and suffering from impaired
   29  cognitive functioning and loss of emotional control, and
   30         WHEREAS, the neuropsychologist hired by the Department of
   31  Transportation to examine Dennis Gay concurred in the finding of
   32  permanent brain damage, and
   33         WHEREAS, upon discharge from the hospital several months
   34  later in April 2005, Dennis Gay exhibited goal-directed behavior
   35  only if cued, was able to relearn old skills such as activities
   36  of daily living, though memory loss interfered with new
   37  learning, had a beginning awareness of self and others, suffered
   38  cognitive difficulties and struggled with ambulation, and was
   39  unable to negotiate the entry stairs at his home, thus requiring
   40  ramp modifications to the premises, and
   41         WHEREAS, Dennis Gay and his wife, Diana Gay, now deceased,
   42  filed a lawsuit against the Department of Transportation seeking
   43  compensation for injuries and damages sustained, and
   44         WHEREAS, there is no dispute as to the liability of the
   45  Department of Transportation, and the department has submitted
   46  to a consent judgment in the amount of $900,000, and
   47         WHEREAS, the Department of Transportation has paid $100,000
   48  to Dennis Gay and $100,000 to Diana Gay, deceased, pursuant to
   49  the limits of liability set forth in s. 768.28, Florida
   50  Statutes, and payment of the remaining amount is conditioned
   51  upon the passage of a claim bill by the Legislature in the
   52  amount of $700,000, of which $500,000 is to be placed in a
   53  special needs trust created for the benefit of Dennis Gay and
   54  $200,000 is to be paid to Dennis Gay for past monetary losses,
   55  NOW, THEREFORE,
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. The facts stated in the preamble to this act are
   60  found and declared to be true.
   61         Section 2. There is appropriated from the General Revenue
   62  Fund to the Department of Transportation the sum of $700,000 for
   63  the relief of Dennis Gay as compensation for injuries and
   64  damages sustained. Of the funds awarded under this section,
   65  $500,000 shall be placed in a special needs trust created for
   66  the use and benefit of Dennis Gay and $200,000 shall be paid to
   67  Dennis Gay as compensation for past monetary losses. Any funds
   68  remaining in the special needs trust upon the death of Dennis
   69  Gay shall revert to the General Revenue Fund of the State of
   70  Florida.
   71         Section 3. The Chief Financial Officer is directed to draw
   72  a warrant in favor of Dennis Gay in the sum of $700,000 upon
   73  funds in the State Treasury to the credit of the Department of
   74  Transportation, and the Chief Financial Officer is directed to
   75  pay the same out of such funds in the State Treasury not
   76  otherwise appropriated.
   77         Section 4. Any amount paid by the Department of
   78  Transportation pursuant to the waiver of sovereign immunity
   79  permitted under s. 768.28, Florida Statutes, and the award under
   80  this act are intended to provide the sole compensation for all
   81  present and future claims arising out of the factual situation
   82  described in the preamble to this act which resulted in injuries
   83  and damages to Dennis Gay. The total amount paid for attorney’s
   84  fees, lobbying fees, costs, trust administration, and other
   85  similar expenses relating to this claim may not exceed 25
   86  percent of the amount awarded under section 2 of this act.
   87         Section 5. This act shall take effect upon becoming a law.