SB 16 — Relief of Christeia Jones, Logan Grant, Denard Maybin, Jr., and Lanard Maybin/Department of Highway Safety and Motor Vehicles

Florida Senate - 2020 (NP)CS for SB 16 By Senator Simmons 9-00219-20 202016__ A bill to be entitled An act for the reliefCommittee ofon ChristeiaJudiciary; Jones, guardian of Logan Grant, Denard Maybin, Jr., and Lanard Maybin;

providingand anSenator appropriationSimmons to590-03964-20 compensate202016c1 themA forbill injuriesto andbe damagesentitled sustainedAn asact afor result of the allegedrelief negligence of TrooperChristeia RaulJones, Umanaas and the Floridanatural Highwayparent Patrol,and alegal divisionguardian of theLogan DepartmentGrant, ofDenard HighwayMaybin, SafetyJr., and MotorLanard Vehicles;Maybin;

providing thatan certainappropriation paymentsto compensate them for injuries and damages sustained as a result of the appropriationnegligence satisfyof allTrooper presentRaul Umana and futurethe claimsFlorida relatedHighway toPatrol, a division of the allegedDepartment acts;of Highway Safety and Motor Vehicles;

providing that certain payments and the appropriation satisfy all present and future claims related to the acts;

on May 18, 2014, Florida Highway Patrol Trooper Raul Umana attempted to cross through a gap in the median onto the southbound lanes of I-75, south of Ocala, and WHEREAS, Trooper Umana misjudged the turn and his vehicle struck the concrete barrier before shooting out into the southbound lane and striking a car driven by Christeia Jones, and WHEREAS, ChristeiaMs. Jones was transporting her minor sons, 2-year-old Logan Grant, who was secured in a forward-facing infant seat, 7-year-old Denard Maybin, Jr., and 5-year-old Lanard Maybin, in the backseat of the car, and WHEREAS, after being struck by Trooper Umana’s vehicle, Christeia Jones’s car was struck in the rear by a tractor trailer, and WHEREAS, the impact crushed the trunk and rear seating area of the car, and WHEREAS, the car was propelled off the road, where it struck a tree and caught fire, and WHEREAS, all three children were transported by helicopter to the University of Florida Health Shands Hospital in Gainesville, and WHEREAS, at the hospital, Logan Grant was diagnosed with a severe traumatic brain injury, extensive facial fractures, pulmonary edema, and respiratory failure, and WHEREAS, Logan Grant remained in the hospital for a month before he was discharged to Brooks Rehabilitation Hospital in Jacksonville for 2 weeks of brain injury rehabilitation, and WHEREAS, Logan Grant continues to receive speech therapy weekly and struggles with expressive and receptive language, and WHEREAS, Logan Grant also exhibits left-side body weakness and behavioral difficulties, and WHEREAS, Logan Grant’s past medical bills exceed $310,000, and Medicaid has asserted a lien of $135,161.64, and WHEREAS, pediatric physical medicine and rehabilitation specialist Dr.

Jones was transporting her minor sons, 2-year old Logan Grant, who was secured in a forward-facing infant seat, 7-year-old Denard Maybin, Jr., and 5-year-old Lanard Maybin, in the backseat of the car, and WHEREAS, after being struck by Trooper Umana’s vehicle, Ms.

Jones’s car was struck in the rear by a tractor trailer, and WHEREAS, the impact crushed the trunk and rear seating area of the car, and WHEREAS, the car was propelled off the road, where it struck a tree and caught fire, and WHEREAS, all three children were transported by helicopter to the University of Florida Health Shands Hospital in Gainesville, and WHEREAS, at the hospital, Logan Grant was diagnosed with a severe traumatic brain injury, extensive facial fractures, pulmonary edema, and respiratory failure, and WHEREAS, Logan Grant remained in the hospital for a month before he was discharged to Brooks Rehabilitation Hospital in Jacksonville for 2 weeks of brain injury rehabilitation, and WHEREAS, Logan Grant continues to receive speech therapy weekly and struggles with expressive and receptive language, and WHEREAS, Logan Grant also exhibits left-side body weakness and behavioral difficulties, and WHEREAS, Logan Grant’s past medical bills exceed $310,000, and Medicaid has asserted a lien of $135,161.64, and WHEREAS, pediatric physical medicine and rehabilitation specialist Dr.

Michael Shahnasarian has estimated Denard Maybin, Jr.,’s future medical and palliative care needs to be $5,773,129, and his loss of earning capacity over his lifetime to be between $1,568,817 and $2,858,577, and WHEREAS, Christeia Jones, as parent and natural guardian of Logan Grant, Denard Maybin, Jr., and Lanard Maybin, through a lawsuit filed in Orange County under case number 2017-CA-00732 O, alleged that the negligence of the Florida Highway Patrol, through its trooper, was the proximate cause of serious injuries to her minor sons, and WHEREAS, Christeia Jones, through a separate lawsuit filed in Orange County under case number 2018-CA-004258-O, alleged that the negligence of the Florida Highway Patrol, through its trooper, was the proximate cause of her injuries, and WHEREAS, on November 30, 2018, in case number 2017-CA 00732-O, Christeia Jones and the Florida Highway Patrol entered into a settlement agreement regarding the claims of Ms.

JonesJones, andas herparent minorand sonsnatural whichguardian arose out of theLogan accidentGrant, describedDenard inMaybin, thisJr., act,and includingLanard theMaybin, claimsthrough undera caselawsuit numberfiled 2018-CA-004258in O,Orange whichCounty areunder tocase benumber dismissed2017-CA-00732-O, withalleged prejudice,that andthe WHEREAS,negligence Christeiaof Jones and the Florida Highway PatrolPatrol, acknowledgedthrough thatits iftrooper, was the caseproximate hadcause goneof toserious trial,injuries ato juryher couldminor reasonablysons, haveand awardedWHEREAS, damages to Ms.

JonesJones, inthrough thea amountseparate oflawsuit $18filed million,in andOrange WHEREAS,County theunder settlementcase agreementnumber requires2018-CA-004258-O, alleged that the Divisionnegligence of Riskthe ManagementFlorida ofHighway thePatrol, Departmentthrough ofits Financialtrooper, Serviceswas tothe payproximate $285,000cause toof Christeiaher Jonesinjuries, inand accordanceWHEREAS, withon theNovember statutory30, limits2018, ofin liabilitycase setnumber forth2017-CA in00732-O, s.Ms.

768.28,Jones Florida Statutes, and WHEREAS,the ChristeiaFlorida JonesHighway seeksPatrol satisfactionentered ofinto thea remaining balance of the settlement agreement,agreement whichregarding is $17.715 million, NOW, THEREFORE, 137 Be It Enacted by the Legislatureclaims of theMs. State of Florida:

139Jones Sectionand 1. Theher factsminor statedsons inwhich arose out of the preambleaccident todescribed in this actact, areincluding foundthe andclaims declaredunder case number 2018-CA-004258-O, which are to be true.dismissed with prejudice, and WHEREAS, Ms.

SectionJones 2. Theand sumthe ofFlorida $17.715Highway millionPatrol isacknowledged appropriatedthat fromif the Generalcase Revenuehad Fundgone to thetrial, Departmenta ofjury Highwaycould Safetyreasonably andhave Motorawarded Vehicles for the relief of Christeia Jones as compensation for injuries and damages sustainedto byMs. her and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin.

Section 3. The Chief Financial Officer is directed to draw a warrant in favor of Christeia Jones in the sumamount of $17.715$18 million, minusand paymentsWHEREAS, requiredthe tosettlement satisfyagreement outstandingrequires Medicaid liens relating to the medicalDivision expenses and care of herRisk andManagement her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin, upon funds of the Department of HighwayFinancial SafetyServices and Motor Vehicles in the State Treasury and to pay the$285,000 sameto outMs. of such funds in the State Treasury.

Jones in accordance with the statutory limits of liability set forth in s.

768.28, Florida Statutes, and WHEREAS, Ms.

Jones seeks satisfaction of the remaining balance of the settlement agreement, which is $17.715 million, NOW, THEREFORE, 135 Be It Enacted by the Legislature of the State of Florida:

137 Section 1. The facts stated in the preamble to this act are found and declared to be true.

Section 2. The sum of $9 million is appropriated from the General Revenue Fund to the Department of Highway Safety and Motor Vehicles for the relief of Christeia Jones, as natural parent and legal guardian of Logan Grant, Denard Maybin, Jr., and Lanard Maybin, to compensate Logan Grant, Denard Maybin, Jr., and Lanard Maybin for injuries and damages sustained as a result of the accident that occurred on May 18, 2014, due to the negligence of Trooper Raul Umana, an employee of the Department of Highway Safety and Motor Vehicles.

Section 3. The Chief Financial Officer is directed to draw a warrant in favor of the special needs trusts for the exclusive use and benefit of Logan Grant, Denard Maybin, Jr., and Lanard Maybin in the sum of $9 million upon funds of the Department of Highway Safety and Motor Vehicles in the State Treasury and to pay the same out of such funds in the State Treasury.

768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in damages sustained by Christeia Jones and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin.

TheOf the amount awarded under this act, the total amount paid for attorney fees relatingmay tonot thisexceed claim$1,800,000, the total amount paid for lobbying fees may not exceed 25$450,000, percentand of the total amount awardedpaid underfor thiscosts act.or other similar expenses may not exceed $15,603.17.