Bill Text: FL S0026 | 2015 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-15 - Unfavorable by Community Affairs, laid on Table; YEAS 2 NAYS 6 [S0026 Detail]

Download: Florida-2015-S0026-Introduced.html

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       Florida Senate - 2015                              (NP)    SB 26
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00051-15                                             201526__
    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 that the appropriation settles all present
    7         and future claims relating to the injuries and damages
    8         sustained by Thomas and Karen Brandi; providing a
    9         limitation on the payment of fees and costs; providing
   10         an effective date.
   11  
   12         WHEREAS, Thomas Brandi was involved in a two-vehicle
   13  accident that occurred on March 26, 2005, on U.S. Highway 27 in
   14  Haines City, Florida, and
   15         WHEREAS, Thomas Brandi was traveling alone and turning onto
   16  U.S. Highway 27 from Southern Dunes Boulevard on a green arrow
   17  when his vehicle was broadsided on the driver’s side by a Haines
   18  City Police Department car operated by Officer Pamela Graham,
   19  and
   20         WHEREAS, Officer Graham entered the intersection despite a
   21  red light and struck the driver’s side door of Mr. Brandi’s
   22  vehicle at a speed in excess of 45 miles per hour, and
   23         WHEREAS, Officer Graham failed to operate her vehicle in a
   24  reasonably safe manner and conducted herself in direct violation
   25  of procedures of the Haines City Police Department, and
   26         WHEREAS, although Officer Graham claimed that she was
   27  responding to a distress call, there was no evidence to support
   28  this claim, and the internal investigation conducted by the
   29  Haines City Police Department concluded that she was neither
   30  called nor dispatched to the location where she was headed, and
   31         WHEREAS, the internal investigation also found Officer
   32  Graham to be at fault in the accident, and
   33         WHEREAS, as a result of the crash, Thomas Brandi sustained
   34  life-threatening injuries, including an aortic arch tear with
   35  contained hematoma and suggestion of active bleeding, a
   36  fractured rib, a right fibula fracture, a fractured sternum, a
   37  left acetabulum fracture, multiple right inferior pubic ramus
   38  fractures, and severe traumatic brain injury resulting in
   39  cognitive disorder, complex personality change, depressive
   40  disorder, pain disorder, post-traumatic stress disorder, and
   41  panic disorder, and
   42         WHEREAS, Thomas Brandi’s medical expenses at the time of
   43  trial exceeded $156,000, and
   44         WHEREAS, after a trial, a jury entered a verdict assessing
   45  Haines City 60 percent liability for the injuries sustained by
   46  Mr. Brandi in the accident and assessing Thomas Brandi 40
   47  percent liability for the accident, and
   48         WHEREAS, future medical expenses and lost earning ability
   49  in the future totaled $903,000, and the verdict included an
   50  award for past medical expenses and lost wages in the amount of
   51  $279,330, and
   52         WHEREAS, Thomas Brandi was awarded $450,000 in damages for
   53  past and future pain and suffering, and his wife, Karen Brandi,
   54  was awarded $175,000 in damages for past and future loss of
   55  consortium, and
   56         WHEREAS, after reduction for comparative negligence, the
   57  net award to Thomas and Karen Brandi was $1,084,396, and
   58         WHEREAS, a stipulated cost judgment in the amount of
   59  $94,049 was entered by the trial court against Haines City, and
   60         WHEREAS, Thomas Brandi’s medical expenses as of August 1,
   61  2011, are $167,330, and, as a result of those expenses, Aetna
   62  Health, Inc., has a lien on any recovery in this matter in the
   63  amount of $78,109, and
   64         WHEREAS, the city of Haines City paid $200,000 to Thomas
   65  and Karen Brandi in satisfaction of sovereign immunity limits
   66  under s. 768.28, Florida Statutes, and
   67         WHEREAS, Thomas Brandi received a payment of $100,000 from
   68  his uninsured motorist insurance coverage, NOW, THEREFORE,
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The facts stated in the preamble to this act are
   73  found and declared to be true.
   74         Section 2. Haines City is authorized and directed to
   75  appropriate from funds of the city not otherwise appropriated
   76  and to draw a warrant in the sum of $825,094, payable to Thomas
   77  Brandi and his wife, Karen Brandi, as compensation for injuries
   78  and damages sustained as a result of the negligence of an
   79  employee of Haines City.
   80         Section 3. The amount paid pursuant to s. 768.28, Florida
   81  Statutes, and the amount awarded under this act are intended to
   82  provide the sole compensation for all present and future claims
   83  arising out of the factual situation described in this act which
   84  resulted in the injuries and damages to Thomas and Karen Brandi.
   85  The total amount paid for attorney fees, lobbying fees, costs,
   86  and other similar expenses relating to this claim may not exceed
   87  25 percent of the total amount awarded under this act.
   88         Section 4. This act shall take effect upon becoming a law.