November 17, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 0008

Senate Bill sb0008

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                         SB 8

    By Senator Lawson





    6-4-04

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; providing for the

  4         relief of Doretta Spurway for injuries she

  5         sustained as a result of negligence by an

  6         employee of the department; providing an

  7         effective date.

  8  

  9         WHEREAS, on January 30, 1998, the vehicle driven by

10  Carol Jean Robinson struck the rear of the vehicle driven by

11  Doretta Spurway while Ms. Spurway was stopped in traffic on

12  State Road 60 at the intersection of Sharewood Drive, and

13         WHEREAS, at the time of the accident, Ms. Robinson was

14  acting within the course and scope of her employment with the

15  Department of Highway Safety and Motor Vehicles, and

16         WHEREAS, at the time of the accident, Ms. Spurway was

17  56 years of age and was 58 years of age at the time of the

18  trial, having a life expectancy of 24.7 years, and

19         WHEREAS, as a result of the accident, Ms. Spurway

20  suffered an elevation of the humeral head resulting in

21  impingement, spurring to the right AC joint contributing to

22  the impingement, persistent right shoulder subacromial

23  bursitis, cervical strain, right shoulder strain, headaches,

24  aggravation of spondylosis at C6/7 with disc-space narrowing

25  in osteophyte formation, and straightening of the cervical

26  lordosis, and

27         WHEREAS, Dr. Fabio Fiore of Brandon Hospital operated

28  on Ms. Spurway's right shoulder on May 29, 1998, removing the

29  front lip of the acromion from the rotator cuff, and

30         WHEREAS, Ms. Spurway continued to suffer persistent

31  weakness in her right shoulder and posttraumatic cervical

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                         SB 8
    6-4-04




 1  headaches resulting from the accident and Dr. Fiore testified

 2  that the posttraumatic cervical headaches are permanent, and

 3         WHEREAS, Dr. Fiore also testified that Ms. Spurway

 4  suffered a permanent injury to her shoulder in the accident,

 5  which was confirmed by magnetic resonance imaging, and that

 6  Ms. Spurway is a candidate for a future shoulder operation,

 7  and

 8         WHEREAS, following her surgery, Ms. Spurway sought

 9  treatment from Dr. Luis Crespo who performed a functional

10  capacity evaluation that was introduced into evidence at

11  trial, and

12         WHEREAS, Dr. Fiore testified that, within reasonable

13  medical certainty, the cost of the future shoulder surgery

14  will be $20,000 and that Ms. Spurway will incur annual medical

15  bills of $5,000 to $6,000 for medication, physical therapy,

16  and treatment for her ongoing headaches and neck pain, and

17         WHEREAS, Dr. Crespo testified that, following surgery,

18  Ms. Spurway developed atrophy and chronic swelling of the

19  tissues in her shoulder and that Ms. Spurway will incur annual

20  medical bills of $2,000 to $2,500 for treatment, excluding

21  surgery, of the shoulder injury, and

22         WHEREAS, before the accident, Ms. Spurway worked full

23  time as a certified nursing assistant for over 30 years, work

24  that involved caring for elderly patients who are unable to

25  care for themselves, bathing patients, pushing patients in

26  wheelchairs, and helping patients to walk, and

27         WHEREAS, before the accident, Ms. Spurway earned

28  $17,005 in 1997 and following the accident, her annual income

29  dropped to $7,172 in 1998, and Ms. Spurway has been unable to

30  work since 1998 as a result of her injuries, and

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                         SB 8
    6-4-04




 1         WHEREAS, Dr. Fiore testified that Ms. Spurway's

 2  injuries prohibit her from working as a certified nursing

 3  assistant, and Dr. Crespo, after conducting a functional

 4  capacity evaluation, testified that Ms. Spurway has lost 60 to

 5  70 percent of the range of motion in her right shoulder as a

 6  result of the accident and further testified that Ms. Spurway

 7  is unable to perform the full duties of a nursing assistant,

 8  and

 9         WHEREAS, Ms. Spurway has been unable to work for over 4

10  years, has had to sell her house, is living out of a car and

11  staying with friends and family, and currently has difficulty

12  paying for her necessary medications, and

13         WHEREAS, a jury determined that, as a result of the

14  accident, the amount of damages suffered by Ms. Spurway for

15  medical expenses, lost earnings, and loss of wage-earning

16  capacity is $56,942.37, determined that the present value of

17  future medical care and treatment and lost wage-earning

18  capacity to be sustained in future years by Ms. Spurway is

19  $165,000, and returned a verdict awarding a total amount of

20  $221,942.37 to Ms. Spurway, NOW, THEREFORE,

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  The facts stated in the preamble to this

25  act are found and declared to be true.

26         Section 2.  The sum of $221,942.37 is appropriated from

27  the General Revenue Fund to the Department of Highway Safety

28  and Motor Vehicles for the relief of Doretta Spurway for

29  injuries and damages sustained.

30         Section 3.  The Chief Financial Officer is directed to

31  draw a warrant in favor of Doretta Spurway in the sum of

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004        (NP)                         SB 8
    6-4-04




 1  $221,942.37 upon funds of the Department of Highway Safety and

 2  Motor Vehicles, and the Chief Financial Officer is directed to

 3  pay the same out of funds in the State Treasury.

 4         Section 4.  This act shall take effect upon becoming a

 5  law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Appropriates funds for the relief of Doretta Spurway for
      injuries caused by the negligence of an employee of the
10    Department of Highway Safety and Motor Vehicles.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader