STORAGE NAME: h6515b.APC
DATE: 2/16/2022
January 27, 2022
SPECIAL MASTER’S FINAL REPORT
The Honorable Chris Sprowls
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: CS/HB 6515 - Representative McClure
Relief/Christeia Jones/Department of Highway Safety and Motor Vehicles
THIS IS A SETTLED CLAIM FOR $7,500,000 BASED ON AN
AUTOMOBILE ACCIDENT AND INJURIES TO CHRISTEIA
JONES AND HER THREE MINOR CHILDREN AS A
RESULT. RESPONDENT HAS PAID CLAIMANTS $285,000
1
PURSUANT TO THE STAT UTORY CAP.
FINDINGS OF FACT: This claim bill arises from a multi-vehicle accident on Interstate
75 occurring at 9:25 p.m. on May 18, 2014, south of Ocala,
Florida. After the accident, Florida Highway Patrol Corporal
Wallace Dill prepared a Crash Investigation with diagrams,
laying out how and why the accident occurred.
At the location of the accident, Interstate 75 is a straight, three-
lane interstate highway. The roadway is not illuminated, and the
posted speed limit is 70 miles per hour. On the night of the
accident, the roadway was dry and there were no known adverse
weather conditions.
On the night of the accident, Christeia Jones
2
was travelling
1
The Department of Highway Safety and Motor Vehicles (DHSMV) paid one of the other drivers involved in the accident
$15,000 to settle that driver's claims against DHSMV, leaving the remainder of the statutory cap at $285,000.
2
Christeia Jones lives in Orlando, Florida, with her three sons, Lanard Maybin, Denard Maybin, Jr., and Logan Grant, the
Claimants in this claim bill. Ms. Jones testified at the special master hearing that the father of Lanard and Denard has been SPECIAL MASTER’S FINAL REPORT--
Page 2
southbound in her 2014 Nissan Altima, in the leftmost inside
lane. That lane is bordered to the left by a paved shoulder with
grooves, beyond which is a steel guardrail. At some point there
is a narrow turnaround through which vehicles can make U-turns
if they enter the area carefully, at which point there is no
guardrail.
Ms. Jones's three sons
3
were also occupants in the car. Logan
Grant, a 2-year-old, Lanard Maybin, a 5-year-old, and Denard
Maybin, Jr., a 7-year-old, were riding in the backseat.
Travelling in the opposite direction on the same interstate was
twenty-year-old Florida Highway Patrol Trooper Raul Umana,
who was on duty in his 2007 Ford Crown Victoria police car. He
was travelling in the rightmost outside lane, having just assisted
a stopped vehicle off the right shoulder. There is a paved 34.5-
foot turnaround area in the median at the area where the
accident occurred. Trooper Umana's dashcam was operating
and captured the incident on camera.
As Trooper Umana neared the turnaround area, he cut left
across two lanes of traffic, proceeded into the leftmost inner lane,
and slowed down to attempt a U-turn.
4
While looking at his rear
view mirror, he did not realize how close the U-turn area was.
When he looked back at the road, the U-turn area was rapidly
approaching. He slammed on the brakes and entered the U-turn
area, but his tires slipped on the gravel and he lost control of the
police car. He overshot the U-turn area, crashing into the median
barrier at an unsafe speed. The police car then hit part of the
barrier but continued on into the oncoming southbound leftmost
lane, where Ms. Jones's car was fast approaching.
5
As Trooper Umana's police car burst onto her side of the
interstate, Ms. Jones began to brake and steered to the right but
was unable to avoid a collision. At a speed of 9 miles per hour,
the police car struck Ms. Jones's car as she was travelling at 62
miles per hour. A third vehicle following closely behind Ms.
Jones's car struck her car from behind, causing her car to drift
into the center southbound lane. A fourth vehicle, a tractor trailer,
careened into Ms. Jones's car from behind, crushing the trunk
and rear seating area where her three sons were riding. The car
incarcerated for most of their lives and does not have contact with Lanard and Denard. Logan Grant's father helps "as much
as he can." Ms. Jones completed her bachelor's degree in criminal justice in 2017 but is unable to pursue a career with the
degree because of her childcare responsibilities, which include taking her children to their frequent medical and therapy
appointments. At the time the special master hearing was held, she was employed as an Orange County substitute teacher
but wanted to pursue more opportunities in the criminal justice field.
3
Throughout this report, "Claimants" refers to Ms. Jones and her three sons. At times, each of the sons is referred to by his
given name in order to distinguish each Claimant's claims.
4
Trooper Umana stated under oath that the reason he decided to make a U-turn to get onto Interstate 75 southbound was
that his shift was nearly over and he wanted to get closer to his exit for home.
5
The record indicates that Ms. Jones was travelling at 88 miles per hour before she began to brake. None of the interviewed
witnesses reported that Ms. Jones or the other two drivers involved in the accident were speeding, and there was evidence
suggesting that the other vehicles on the roadway were travelling at similar speeds. I find that even though Ms. Jones was
travelling 88 miles per hour, it was a reasonable speed considering the flow of traffic on Interstate 75 at the time. SPECIAL MASTER’S FINAL REPORT--
Page 3
was propelled off the road where it struck a tree and caught fire,
finally coming to rest off the right shoulder in the grass, 143 feet
from where the tractor trailer collided with the car.
First responders arrived on the scene and extinguished the fire.
Ms. Jones exited her vehicle and sustained only minor injuries,
but her three sons were trapped inside the vehicle and required
extraction by fire rescue personnel.
6
All three sons sustained
critical injuries and were flown by helicopter to the trauma center
at Shands Hospital in Gainesville.
After a thorough investigation, FHP concluded that Trooper
Umana's negligence caused the crash, and he was cited for
careless driving.
Trooper Umana later acknowledged fault for the accident,
admitting under oath that his speed was too high as he entered
the U-turn area. Ms. Jones, through her attorney, refused to
make a sworn statement after the accident.
Seat Belt Issue
Ms. Jones was wearing a seat belt when the accident occurred.
Less clear is whether Denard and Lanard Maybin, and Logan
Grant, were properly restrained.
At the special master hearing, Ms. Jones testified that she
buckled all three of her children into their seats before driving her
car onto the interstate, and that:
Logan was restrained in a child car seat facing forward,
in the back behind the passenger seat;
Denard was on the left side behind the driver's seat; and
Lanard was in the middle.
7
FHP's Investigative Report indicates that after the accident, Ms.
Jones made spontaneous statements that all her children were
wearing their seat belts. In response to interrogatories, Ms.
Jones stated that when she began the trip, all three boys were
buckled; but that she did not know if Denard and Lanard still had
their belts on when the crash occurred.
Trooper S. Crocker, an officer arriving at the scene of the crash,
stated that after the crash he observed Lanard Maybin in the
back seat, not wearing a seat belt, with his head pinned between
the center console and the rear seat. He also observed Denard
Maybin lying on the rear left floor of the vehicle, also not wearing
a seat belt. The Shands Hospital intake form indicates hospital
staff believed Logan Grant was "travelling unrestrained in the
back seat" at the time of the accident.
6
Ms. Jones testified at the special master hearing that she was drifting in and out of consciousness after the accident. She
remembers her car being on fire.
7
When questioned at the special master hearing, Ms. Jones stated she did not know whether her children might have
unbuckled themselves, but as far as she knew, they were restrained during the time leading up to the accident. SPECIAL MASTER’S FINAL REPORT--
Page 4
Denard Maybin's Medical Treatments
Seven-year-old Denard lost consciousness during the accident
and was intubated at the scene. He was flown to Shands
Hospital immediately and diagnosed with traumatic brain injury.
He was discharged to rehabilitation in stable condition sixteen
days later, on June 3, 2014, with diagnoses of traumatic brain
injury, subdural hematoma,
8
and diffuse axonal injury.
9
Lanard Maybin's Medical Treatments
Five-year-old Lanard was flown to Shands immediately, where
he was admitted in critical condition with diagnoses of facial
laceration, spleen laceration, lung contusion, and shoulder
injury. He underwent plastic surgery for facial reconstruction. He
was discharged to his home in good condition four days after
admission, on May 22, 2014.
Logan Grant's Medical Treatments
Two-year-old Logan was intubated at the accident site and
immediately flown to Shands, where he was diagnosed with
subdural hematoma. He was discharged thirty days later, on
June 17, 2014, in good condition with instructions to enter a
rehabilitation facility the same day. Discharge diagnoses
included:
Severe traumatic brain injury.
Left hemiparesis.
10
Nerve palsy.
Diffuse axonal brain injury.
Head trauma.
Respiratory failure following trauma and surgery.
Extensive facial fractures.
Current Status
The three minor child Claimants are currently enrolled in a
Medicaid plan, which covers some costs but does not cover all
of the services recommended in their life care plans.
LITIGATION HISTORY: On January 25, 2017, Christeia Jones filed a complaint against
the Florida Highway Patrol (FHP), a division of the Florida
8
A subdural hematoma occurs when a blood vessel near the surface of the brain bursts, causing blood to collect between
the brain and the brain's outer lining. A subdural hematoma can be life-threatening. See Harvard Health Publishing,
Subdural Hematoma, https://www.health.harvard.edu/a_to_z/subdural-hematoma-a-to-z.
9
Diffuse axonal injury is the tearing of the brain's long connecting nerve fibers. It occurs when the brain is injured as it
shifts and rotates inside the skull. See Johns Hopkins Medicine, Traumatic Brain Injury,
https://www.hopkinsmedicine.org/health/conditions-and-diseases/traumatic-brain-injury.
10
Hemiparesis refers to weakness or inability to move on one side of the body. See American Stroke Association,
Hemiparesis, https://www.stroke.org/en/about-stroke/effects-of-stroke/physical-effects-of-stroke/physical-
impact/hemiparesis. SPECIAL MASTER’S FINAL REPORT--
Page 5
Department of Highway Safety and Motor Vehicles (DHSMV)
("Respondent"), for the injuries sustained by her sons, Logan
Grant, Denard Maybin, Jr., and Lanard Maybin. The complaint
alleged that Trooper Raul Umana was negligent in the operation
of his patrol car, causing the crash.
The parties attended court-ordered mediation on November 30,
2018. Claimants estimated the reasonable settlement value of
the combined claims at $42.5 million, but the parties ultimately
settled for a total of $18 million. The agreement required
Respondent to pay its remaining sovereign immunity limits upon
court approval of the settlement, with the remaining $17,715,000
to be pursued through a claim bill. The agreement also required
Respondent to remain silent and not oppose a claim bill. On June
24, 2019, the circuit judge entered a sealed order approving the
settlements of the minors' claims.
After the special master hearing but before the claim bill was
placed on agenda for the 2020 Legislative Session, the parties
agreed to reduce the amount of the claim to $9,000,000. The
claim bill was refiled for the 2021 and 2022 Legislative Sessions
in the original amount of $17,715,000.
On January 27, 2022, the claim bill was amended in the Civil
Justice and Property Rights Subcommittee to reflect a newly-
settled amount of $7,500,000.
CLAIMANTS’ POSITION: Claimants argue that Respondent is responsible for the accident
caused by Trooper Umana based on the doctrine of respondeat
superior, because Trooper Umana was acting in the scope of his
employment with Respondent when the accident occurred.
Claimant argues that Respondent is 100 percent at fault for the
accident because it was impossible for Ms. Jones to avoid the
collision.
Claimants argue that while there is a question of whether Denard
and Lanard were wearing their seat belts at the time of the crash,
there is no evidence that their injuries were more severe
because they may have come out of their seat belts. Claimants
argue that the most severe injuries were suffered by Logan
Grant, who was secured in a forward-facing infant seat.
Claimants assert that as a direct and proximate result of Trooper
Umana's negligence, Claimants suffered significant and
permanent injuries. They have also experienced pain and
suffering, loss of enjoyment of life, future losses of earning
capacity, and future medical and attendant care expenses.
RESPONDENT’S POSITION : Respondent neither supports nor opposes the claim bill and cites
to the settlement agreement, which requires Respondent to
"remain silent" and "not support or oppose" the claim bill. During
the special master hearing in 2019, Respondent provided almost SPECIAL MASTER’S FINAL REPORT--
Page 6
no answers to any of the questions asked by the special
masters.
11
CONCLUSIONS OF LAW: Regardless of whether there is a jury verdict or settlement, each
claim bill is reviewed de novo in light of the elements of
negligence.
Duty, Breach, & Causation
It is clear that Respondent breached a duty to Claimants.
Trooper Umana, the driver of the police car, owed a duty to Ms.
Jones and the young children within her vehicle, and he
breached that duty when he made an ill-advised U-turn in the
middle of Interstate 75. When Trooper Umana breached this
duty, he was within the scope of his employment with
Respondent, making Respondent liable for Trooper Umana's
actions under the doctrine of respondeat superior.
Seat Belt Issue
At the time of the accident, Florida law required each operator of
a motor vehicle to ensure that each:
Passenger under 18 was properly restrained.
12
Child 5 years of age or younger was restrained by an
approved child restraint device.
o For a child up to 3 years old, the restraint device
could be a separate carrier or integrated child
seat.
o For a 4-year-old or 5-year old, a seat belt could
be used.
13
Damages
The most difficult issue in this case is the appropriate amount of
damages. As noted above, it is clear that Respondent's
employee was at fault in this accident. It is also clear that the
automobile accident—which involved Ms. Jones's car catching
fire while her three sons were trapped inside—was objectively
traumatic. What is less clear is to what extent the accident
caused quantifiable damages to each of the Claimants.
Claimants retained several experts to testify on their behalf,
including:
Dr. Raffa of Raffa Consulting Economics, Inc., to
estimate the economic losses
14
to each Claimant,
11
Respondent's lack of participation during the hearing, pursuant to its interpretation of the settlement agreement,
significantly impeded the factfinding process.
12
S. 316.614(4), F.S. (2013). A violation of this provision was a nonmoving violation but could not be considered to
mitigate damages. It could, however, be introduced at trial as evidence of comparative negligence. Ss. 316.614(8) and
(10), F.S. (2013).
13
S. 316.613, F.S. (2013). A violation of this provision was a moving violation but was inadmissible at trial for purposes of
comparative negligence. Ss. 316.613(3) and (5), F.S. (2013).
14
Economic losses do not take into account pain and suffering and other damages that are not reducible to an objective
amount. SPECIAL MASTER’S FINAL REPORT--
Page 7
including the loss or reduction of future earning capacity
and the cost of future life care needs.
Dr. Paul B. Kornberg, M.D., a pediatrician.
Dr. Michael Shahnasarian Ph.D., a certified life care
planner, licensed psychologist, and certified vocational
evaluator.
Denard Maybin's Damages
Denard is now in eighth grade. He was 7 when the accident
occurred and 13 at the time of the special master hearing. At the
special master hearing, according to Ms. Jones, Denard read at
a fourth grade level and was unable to respond normally in
conversation. Denard has some motor skill and balance
problems. Ms. Jones stated in her deposition that Denard had a
traumatic brain injury in the crash but that he is not taking any
medications for such. She testified at the special master hearing
that before the accident, Denard had no developmental issues
and was the top reader in his class. In her deposition, she stated
that Denard was on an individualized education plan for some
learning issues.
Dr. Kornberg stated that Denard "is not expected to be able to
achieve gainful employment in the competitive job market"; in
turn, Dr. Raffa calculated Denard's life care plan assuming zero
employment for the rest of his life. Dr. Raffa estimated the
present value of Denard's economic damages at between $7.4
million and $8.7 million.
Lanard Maybin's Damages
Lanard is now in eighth grade. He was 5 when the accident
occurred and 11 at the time of the special master hearing. At the
special master hearing, Ms. Jones testified that he read at a
fourth grade level (though he was in sixth grade). Ms. Jones also
testified that he sometimes has nightmares, and some of his
medical providers believe he has post-traumatic stress disorder.
He has some minor scarring on his face from the accident but
does not take medications for the head injuries suffered in the
crash. He has also had behavioral issues. Ms. Jones testified at
the special master hearing that before the accident, Lanard did
not have any issues.
15
In her deposition, Ms. Jones stated that
Lenard was on an individualized education plan for learning
issues, but that his math skills had improved since being placed
on that plan. She also stated that behavioral therapy has helped
Lanard.
Dr. Shahnasarian opined that Lanard "will not be capable of
securing and maintaining competitive employment"; Dr. Raffa, in
turn, calculated Lanard's life care plan assuming zero
15
At the special master hearing, Ms. Jones testified that she believed the accident negatively affected Logan and Denard
more than Lanard. SPECIAL MASTER’S FINAL REPORT--
Page 8
employment for the rest of his life. Dr. Raffa estimated the
present value of Lanard's economic damages at between $3.8
million and $4 million.
Logan Grant's Damages
Logan is now in fourth grade. He was 2 when the accident
occurred and 8 at the time of the special master hearing. After
the accident, he had surgery to repair tear duct damage suffered
in the crash. At the time of the hearing, he was in second grade
but performed between a kindergarten and first grade level, and
like his brothers, was on an individualized education plan. Logan
wears a corrective brace on his left leg, without which he walks
with a limp. He is able to ride a bicycle with training wheels
without falling off. At a medical appointment shortly before the
special master hearing, Logan underwent an MRI, which
indicated that his head injury was healing properly.
Dr. Kornberg stated that Logan "is not expected to be able to
achieve gainful employment in the competitive job market"; in
turn, Dr. Raffa calculated Logan's life care plan assuming zero
employment for the rest of his life. Dr. Raffa estimated the
present value of Logan's economic damages at between $8.2
million and $9.5 million.
I find that Denard Maybin, Lanard Maybin, and Logan Grant have
carried their burdens to demonstrate injuries resulting from the
car accident; and that the reduced, settled total amount of
$7,500,000 is reasonable under the circumstances.
16
Medicaid Lien
One lien, asserted by a Florida Medicaid Plan, had not yet been
paid at the time of the special master hearing because of the
plan's insistence on full repayment. If this claim cannot be
settled, it will likely be resolved by the circuit court. At the time of
the special master hearing, funds to pay that lien were being held
in trust.
ATTORNEY/
LOBBYING FEES:
If the claim bill passes, the attorney fee will not exceed
$1,500,000; the lobbying fee will not exceed $375,000; and the
costs will not exceed $34,849.92.
COLLATERAL SOURCES : The automobile accident involved several other vehicles. After
the accident, each of the three children received settlement
money from other drivers involved, which were deposited into
separate special needs trusts. Additionally, Lanard currently
receives monthly Social Security Administration disability
benefits.
16
In 2020, a similar claim bill (2020 CS/HB 6517) sought a total of $9,000,000, which the special master report found to
be reasonable under the circumstances. SPECIAL MASTER’S FINAL REPORT--
Page 9
RESPONDENT’S ABILITY
TO PAY:
Respondent does not have the funds to pay this claim bill and
relies upon the Legislature to fund the claim bill from general
revenue.
LEGISLATIVE HISTORY: This is the third session this claim bill has been presented to the
Legislature. Last session, 2021 CS/HB 6515 was reported
favorably out of the Civil Justice Subcommittee, but was not
placed on the agenda for the Appropriations Committee. Two
sessions ago, 2020 CS/HB 6517, which sought $9,000,000, was
reported favorably out of the Civil Justice Subcommittee, but was
not placed on the agenda for the Appropriations Committee.
RECOMMENDATION: I recommend that CS/HB 6515 be reported FAVORABLY.
Respectfully submitted,
W. Jordan Jones
JORDAN JONES
House Special Master
cc: Representative McClure, House Sponsor
Senator Baxley, Senate Sponsor
Mary K. Kraemer, Senate Special Master