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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 specified 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 trail er, and the 24
impact crushed the trunk and rear seating area of the car, and 25
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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 He alth 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 rehabilit ation 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
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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 Shahnasari an has estimated the cost of 57
Logan 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 hospital 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 evaluate d 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 li en in the amount of 75
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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 re quired 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 sig nificant cognitive deficits 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 Medicaid 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 Maybi n, 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 the cost of future 100
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medical and palliative care needs of Denard Maybin, Jr., to be 101
$5,773,129, and his loss of earning capacity over his lifetime 102
to be between $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 Maybin, 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 t he 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 the 131
amount of $7.785 million, and 132
WHEREAS, the settlement agreement required 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 settl ement agreement, which is $7.5 million, NOW, 138
THEREFORE, 139
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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 $7.5 million is a ppropriated from 145
the Highway Safety Operating Trust Fund to the Department of 146
Highway Safety and Motor Vehicles for the relief of Christeia 147
Jones as compensation for injuries and damages sustained by her 148
and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard 149
Maybin. 150
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Section 3. The Chief Financial Officer is directed to draw 151
a warrant in favor of Christeia Jones in the sum of $7.5 152
million, minus payments required to satisfy outstanding Medicaid 153
liens relating to the medical expenses and care of her and her 154
minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin, 155
upon funds of the Department of Highway Safety and Motor 156
Vehicles in the State Treasury and to pay the same out of such 157
funds in the State Treasury. 158
Section 4. The amount paid by the Division of Risk 159
Management of the Department of Financial Services pursuant to 160
s. 768.28, Florida Statutes, and the amount awarded under this 161
act are intended to provide the sole compensation for all 162
present and future claims arising out of the fac tual situation 163
described in this act which resulted in injuries and damages 164
sustained by Christeia Jones and her minor sons, Logan Grant, 165
Denard Maybin, Jr., and Lanard Maybin. Of the amount awarded 166
under this act, the total amount paid for attorney fees m ay not 167
exceed $1,500,000, the total amount paid for lobbying fees may 168
not exceed $375,000, and the total amount paid for costs or 169
other similar expenses may not exceed $34,849.92. 170
Section 5. This act shall take effect upon becoming a law. 171