HB 6515 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act for the relief of Christeia Jones, as guardian 2
of Logan Grant, Denard Maybin, Jr., and Lanard Maybin; 3
providing an appropriation to compensate them for 4
injuries and damages sustained as a result of an 5
automobile accident caused by Trooper Raul Umana, an 6
employee of the Florida Highway Patrol, a division of 7
the Department of Highway Safety and Motor Vehicles; 8
providing a limitation on the payment of compen sation 9
and attorney fees; providing an effective date. 10
11
WHEREAS, shortly before 9:25 p.m. on May 18, 2014, Florida 12
Highway Patrol Trooper Raul Umana attempted to cross through a 13
gap in the median onto the southbound lanes of I -75, south of 14
Ocala, and 15
WHEREAS, Trooper Umana misjudged the turn and his vehicle 16
struck the concrete barrier before crossing into the southbound 17
lane and striking a car driven by Christeia Jones, and 18
WHEREAS, Ms. Jones was transporting her minor sons, 2 -year-19
old Logan Grant, who was secured in a forward -facing infant 20
seat, 7-year-old Denard Maybin, Jr., and 5 -year-old Lanard 21
Maybin, in the backseat of the car, and 22
WHEREAS, after being struck by Trooper Umana's vehicle, Ms. 23
Jones's car was struck in the rear by a tractor traile r, and the 24
impact crushed the trunk and rear seating area of the car, and 25
HB 6515 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
WHEREAS, the car was propelled off the road, where it 26
struck a tree and caught fire, and 27
WHEREAS, all three children were transported by helicopter 28
to the University of Florida Hea lth Shands Hospital in 29
Gainesville, and 30
WHEREAS, at the hospital, Logan Grant was diagnosed with a 31
severe traumatic brain injury, extensive facial fractures, 32
pulmonary edema, and respiratory failure, and 33
WHEREAS, Logan Grant remained in the hospital for a month 34
before he was discharged to Brooks Rehabilitation Hospital in 35
Jacksonville for 2 weeks of brain injury rehabilitation, and 36
WHEREAS, Logan Grant continues to receive speech therapy 37
weekly and struggles with expressive and receptive language, and 38
WHEREAS, Logan Grant also exhibits left -side body weakness 39
and behavioral difficulties, and 40
WHEREAS, Logan Grant's past medical bills exceed $310,000, 41
and Medicaid has asserted a lien of $135,161.64, and 42
WHEREAS, pediatric physical medicine and rehabilita tion 43
specialist Dr. Paul Kornberg has examined Logan Grant and has 44
observed ongoing left hemiparesis with motor, perceptual, 45
communicative, cognitive, and behavioral impairments of a 46
permanent nature which will prevent him from achieving gainful 47
employment, and 48
WHEREAS, Dr. Kornberg reported that Logan Grant is at a 49
high risk for developing seizures in the future, requires 50
HB 6515 2022
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ongoing bracing of his left ankle to improve gait, is 51
anticipated to require a scooter for long -distance mobility by 52
the age of 30, is likely to require invasive treatment or 53
orthopedic surgery in the form of left heel cord lengthening in 54
the future, and is expected to be unable to live alone as an 55
adult, necessitating guardianship and attendant care, and 56
WHEREAS, Dr. Michael Shahnasaria n has estimated Logan 57
Grant's future medical and palliative care needs to be 58
$6,702,555, and his loss of earning capacity over his lifetime 59
to be between $1,543,014 and $2,810,754, and 60
WHEREAS, Lanard Maybin arrived at Shands Hospital with a 61
Glasgow Coma Scale of 7, a head injury, a facial laceration, and 62
a shoulder injury that required surgery, and 63
WHEREAS, a plastic surgeon repaired Lanard Maybin's facial 64
laceration during his stay in the pediatric intensive care unit 65
before he was discharged from the h ospital on May 22, 2014, and 66
WHEREAS, since the accident, Lanard Maybin has experienced 67
night terrors and changes in behavior and temperament, and has 68
gained significant weight, and 69
WHEREAS, in early 2019, Dr. Patrick Gorman evaluated Lanard 70
Maybin and diagnosed him as having posttraumatic stress disorder 71
and significant neurocognitive difficulties secondary to 72
traumatic brain injury, and 73
WHEREAS, Lanard Maybin's past medical bills amount to 74
$35,584.16, and Medicaid has asserted a lien in the amount of 75
HB 6515 2022
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$22,525.66, and 76
WHEREAS, at Shands Hospital, Denard Maybin, Jr., was 77
intubated, was put on mechanical ventilation for a day, and was 78
diagnosed with a severe traumatic brain injury and a 79
subcutaneous soft tissue scalp laceration that required surgery, 80
and 81
WHEREAS, Denard Maybin, Jr., remained hospitalized for 2 82
weeks before he was transferred to Brooks Rehabilitation Center 83
for acute inpatient rehabilitation, and 84
WHEREAS, the rehabilitation center noted that Denard 85
Maybin, Jr., had significant cognitive de ficits as well as 86
impulsivity and behavioral changes, and 87
WHEREAS, Denard Maybin, Jr., continues to receive 88
occupational therapy, physical therapy, and speech therapy, and 89
WHEREAS, the past medical bills of Denard Maybin, Jr., 90
exceed $175,000, and Medica id has asserted a lien of $96,833.99, 91
and 92
WHEREAS, Dr. Kornberg has diagnosed Denard Maybin, Jr., 93
with permanent impairment that will prevent him from achieving 94
gainful employment, and 95
WHEREAS, Dr. Kornberg reported that Denard Maybin, Jr., is 96
at a high risk for developing seizures in the future and that he 97
is expected to be unable to live alone as an adult, 98
necessitating guardianship and attendant care, and 99
WHEREAS, Dr. Shahnasarian has estimated future medical and 100
HB 6515 2022
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palliative care needs of Denard Maybin , Jr., to be $5,773,129, 101
and his loss of earning capacity over his lifetime to be between 102
$1,568,817 and $2,858,577, and 103
WHEREAS, Trooper Umana was an employee of the Florida 104
Highway Patrol, a division of the Department of Highway Safety 105
and Motor Vehicles, and 106
WHEREAS, Trooper Umana had a duty to use reasonable care to 107
avoid accidents and injury to himself and others while driving 108
his patrol vehicle, and 109
WHEREAS, Ms. Jones, as parent and natural guardian of Logan 110
Grant, Denard Maybin, Jr., and Lanard Ma ybin, through a lawsuit 111
filed in the Circuit Court of the Ninth Judicial Circuit in and 112
for Orange County under case number 2017 -CA-00732-O, alleged 113
that the negligence of the Florida Highway Patrol, through its 114
trooper, was the proximate cause of serious injuries to her 115
minor sons, and 116
WHEREAS, Ms. Jones, through a separate lawsuit filed in the 117
Circuit Court of the Ninth Judicial Circuit in and for Orange 118
County under case number 2018 -CA-004258-O, alleged that the 119
negligence of the Florida Highway Patrol, through its trooper, 120
was the proximate cause of her own injuries, and 121
WHEREAS, on November 30, 2018, in case number 2017 -CA-122
00732-O, Ms. Jones and the Florida Highway Patrol entered into a 123
settlement agreement regarding the claims of Ms. Jones and her 124
minor sons which arose out of the accident described in this 125
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act, including the claims under case number 2018 -CA-004258-O, 126
which are to be dismissed with prejudice, and 127
WHEREAS, Ms. Jones and the Florida Highway Patrol 128
acknowledged that if the case had gone to trial, a jury could 129
reasonably have awarded damages to Ms. Jones in the amount of 130
$18 million, and both parties agreed to a settlement in that 131
amount, and 132
WHEREAS, the settlement agreement requires the Division of 133
Risk Management of the Department of Financial Services to pay 134
$285,000 to Ms. Jones pursuant to the statutory limits of 135
liability in s. 768.28, Florida Statutes, and 136
WHEREAS, Ms. Jones seeks satisfaction of the remaining 137
balance of the settlement agreement, which is $17.715 million, 138
NOW, THEREFORE, 139
140
Be It Enacted by the Legislature of the State of Florida: 141
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Section 1. The facts stated in the preamble to this act 143
are found and declared to be true. 144
Section 2. The sum of $17.715 million is appropriated from 145
the General Revenue Fund to the Department of Highway Safety and 146
Motor Vehicles for the relief of Christeia Jones as compensation 147
for injuries and damages sustained by her and her minor sons, 148
Logan Grant, Denard Maybin, Jr., and Lanard Maybin. 149
Section 3. The Chief Financial Offi cer is directed to draw 150
HB 6515 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a warrant in favor of Christeia Jones in the sum of $17.715 151
million, minus payments required to satisfy outstanding Medicaid 152
liens relating to the medical expenses and care of her and her 153
minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin, 154
upon funds of the Department of Highway Safety and Motor 155
Vehicles in the State Treasury and to pay the same out of such 156
funds in the State Treasury. 157
Section 4. The amount paid by the Division of Risk 158
Management of the Department of Financial Services pursuant to 159
s. 768.28, Florida Statutes, and the amount awarded under this 160
act are intended to provide the sole compensation for all 161
present and future claims arising out of the factual situation 162
described in this act which resulted in i njuries and damages 163
sustained by Christeia Jones and her minor sons, Logan Grant, 164
Denard Maybin, Jr., and Lanard Maybin. The total amount paid for 165
attorney fees relating to this claim may not exceed 25 percent 166
of the total amount awarded under this act. 167
Section 5. This act shall take effect upon becoming a law. 168