THE FLORIDA SENATE
SPECIAL MASTER ON CLAIM BILLS
Location
409 The Capitol
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5229
DATE COMM ACTION
1/19/22 SM Favorable
JU
ATD
AP
January 19, 2022
The Honorable Wilton Simpson
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 80 – Senator Baxley
HB 6515 – Representative McClure
Relief of Christeia Jones/Department of Highway Safety and Motor
Vehicles
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTESTED CLAIM FOR $17,715,000,
BASED ON A MEDIATION SETTLEMENT AGREEMENT
BETWEEN THE CLAIMANT, CHRISTEIA JONES, AS
PARENT AND NATURAL GUARDIAN OF LOGAN GRANT,
DENARD MAYBIN,JR., AND LANARD MAYBIN AND THE
FLORIDA HIGHWAY PATROL/FLORIDA DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES. THE
MEDIATION SETTLEMENT AGREEMENT RESOLVED A
CIVIL ACTION ARISING FROM THE NEGLIGENT
OPERATION OF A FLORIDA HIGHWAY PATROL VEHICLE
WHICH RESULTED IN A CRASH AND SEVERE INJURIES
TO THE CHILDREN.
UPDATE TO PRIOR REPORT On October 29, 2019, Ms. Christie M. Letarte, serving as
Senate Special Master, held a hearing on a previous version
of this bill SB 16 (2020). After the hearing, Ms. Letarte issued
a report dated February 6, 2020 containing findings of fact
and conclusions of law based on argument and information
provided before, during, and at the hearing solely by counsel
for the claimants, as a litigation settlement agreement
required the Florida Highway Patrol, a division of the SPECIAL MASTER’S FINAL REPORT – SB 80
January 19, 2022
Page 2
Department of Highway Safety and Motor Vehicles, to remain
silent on the claim bill and not support or oppose the bill.
Ms. Letarte found the amount sought is reasonable when
compared to analyses provided by claimants’ economist. A
copy of that report is attached as an addendum to this report.
Since that time, the Senate President has reassigned the
claim to the undersigned to review records and determine
whether any changes have occurred since the hearing that, if
known at the hearing, might have significantly altered the
findings or recommendations in the previous report.
The undersigned has received no information to indicate that
any such changes have occurred since the hearing. An
updated statement dated August 31, 2021 from the
Department of Highway Safety and Motor Vehicles
(Department) through its General Counsel, identifying the
source of payment for the claim bill if approved by the
Legislature without an appropriation of additional funds, and
describing the impact that the payment might have on the
Department’s operations, indicates:
Senate Bill 80 appropriates $17.715M from the
General Revenue Fund to the [Department] for the
relief of Christeia Jones, Logan Grant, Denard Maybin,
Jr., and Lanard Maybin. If this legislation is approved
without an appropriation, the Department would have
no existing budget authority to pay the claim. The only
course of action if no appropriation is approved would
be to request budget authority from the General
Revenue Funds pursuant to Chapter 216.177, F.S.
Should an appropriation be made from the Highway
Safety Operating Trust Fund, it would severely and
detrimentally limit Department operations, requiring
vacant positions to be unfilled in order to have the cash
to pay the claim and still meet other operational
obligations. This would include all Divisions throughout
the Department, including the Florida Highway Patrol
and Motorist Services Field Offices providing driver
license and motor vehicle services.
1
1
E-mail Correspondence from Ms. Christie S. Utt, General Counsel for the Department
(Aug. 31, 2021). SPECIAL MASTER’S FINAL REPORT – SB 80
January 19, 2022
Page 3
RECOMMENDATIONS: The undersigned concurs in the following Recommendation in
the previous report, which are applicable to SB 80:
Although the settlement agreement resolved Christeia
Jones’ claims, as well as claims on behalf of her three
boys, Ms. Jones is not seeking relief in an individual
capacity through this claim bill.
2
Therefore, the undersigned recommends removing
references in the bill identifying Ms. Jones as a
claimant, or providing relief to her; or, replacing such
portions with clarifying language providing the funds
to the special needs trusts of Logan Grant, Denard
Maybin, Jr., and Lanard Maybin, which are handled
by Ms. Ashley Gonnelli of Guardian Trust Foundation,
Inc.
3
For the reasons set forth above, the undersigned Senate
Special Master recommends that Senate Bill 80 (2022) be
reported FAVORABLY.
Respectfully submitted,
Mary K. Kraemer
Senate Special Master
cc: Secretary of the Senate
2
Affidavit of Attorney for Claimants, 1 (Oct. 16, 2019).
3
E-mail Correspondence from Mr. Daniel Smith, Attorney for Claimants (Jan. 16, 2020).
THE FLORIDA SENATE
SPECIAL MASTER ON CLAIM BILLS
Location
409 The Capitol
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5229
DATE COMM ACTION
2/6/20 SM Report Submitted
JU
ATD
AP
February 6, 2020
The Honorable Bill Galvano
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 16 – Senator Simmons
HB 6517 – Representative Williamson
Relief of Christeia Jones, Logan Grant, Denard Maybin, Jr., and Lanard
Maybin by the Department of Highway Safety and Motor Vehicles
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTEST ED CLAIM FOR GENERAL
REVENUE FUNDS IN THE AMOUNT OF $17,715,000. THIS
AMOUNT IS THE R EMAINING BALANCE OF AN
$18,000,000 SETTLEMENT AGREEMENT REGARDI NG
ALLEGED NEGLIGENCE O F TROOPER RAUL UMANA
AND THE FLORIDA HIGH WAY PATROL, A DIVISION OF
THE DEPARTMENT OF HI GHWAY SAFETY AND MOT OR
VEHICLES.
FINDINGS OF FACT: The Accident
On May 18, 2014, at approximately 9:25 p.m., Florida
Highway Patrol (FHP) Trooper Raul Umana, traveling north
on I-75 in a 2007 Crown Victoria patrol vehicle, attempted to
turn around using a crossover gap in the median. Trooper
Umana had been on the far right shoulder assisting with a
disabled vehicle and then made two lane changes with a
maximum speed of 45 miles per hour as he crossed to the far
left northbound lane and approached the crossover gap.
4
He
4
Florida Highway Patrol Vehicle/Personnel Crash Investigation Report (FHP Report), 25 (Aug.
29, 2014). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 2
entered the median too quickly to properly negotiate the turn
and hit the median barrier at a speed of 20 miles per hour
before entering the southbound lane.
5
Ms. Christeia Jones was traveling in the southbound lane with
her three children in the backseat (Logan Grant, 2 years old;
Lanard Maybin, 5 years old; and Denard Maybin, Jr., 7 years
old).
Once entering the southbound lane at nine miles an hour,
Trooper Umana’s vehicle struck the 2014 Nissan Altima
driven by Ms. Jones as well as a Mercedes traveling behind
Ms. Jones. Ms. Jones had been traveling at 88 miles per hour,
applied brakes and steered right (away from Trooper Umana’s
vehicle) and was traveling at 62 miles per hour at the time of
impact with Trooper Umana’s vehicle.
6
After being struck by Trooper Umana’s vehicle and applying
brakes, Ms. Jones’s Altima slowed to 16.94 miles an hour, and
remained in the traveling lanes 179.5 feet from the initial
collision.
7
A tractor-trailer truck then collided with the
Mercedes immediately behind Ms. Jones’s vehicle; and then
the tractor-trailer truck hit Ms. Jones’s vehicle while traveling
at 69 miles per hour. The collision with the tractor-trailer truck
accelerated the speed of Ms. Jones’s car to 58.33 miles per
hour as her vehicle was pushed toward the shoulder of the
highway.
8
After both vehicles left the roadway and Ms.
Jones’s vehicle rotated 270 degrees, the tractor-trailer truck
hit Ms. Jones’s vehicle a second time and Ms. Jones’s vehicle
came to rest after hitting a tree. The engine compartment then
caught fire.
9
Ms. Jones was able to exit the vehicle but emergency
personnel had to extract her three children who were trapped
inside of the car after the rear seat was crushed by impact
from the tractor-trailer truck. The FHP report describes
damage to the vehicle in great detail
10
and notes the driver of
5
Id. at 33.
6
Id. at 25.
7
Id. at 27.
8
Id.
9
Id. at 28.
10
Id. at 15. The report includes a description of the extensive crushing and damage to the back of the vehicle.
“The rear center and left headrest [were] crushed forward to the back of the driver’s seat. The front right seat was
twisted to the left by the back seat.” Id. at 16. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 3
the tractor trailer did not fully apply the brakes until after
colliding with the Mercedes, which was inconsistent with a
statement made by the driver during the investigation.
11
FHP Report
The FHP report noted no known distractions, adverse weather
conditions, or evasive actions that would have contributed to
the causation of the crash.
12
Restraints
The FHP report provides both Lanard (5) and Denard (7) were
“unrestrained at the time of the crash and suffered critical
injuries,” and Logan (2) was restrained in a forward facing
child seat and suffered critical injuries as a result of the
incident.
13
Ms. Jones confirmed Logan (2) was secured in a forward
facing car seat; however, she testified both Lanard (5) and
Denard (7) were wearing seatbelts when they began the
ride.
14
Additionally, the FHP report includes information from
Ms. Jones’s grandmother, Marilyn Lilly, who told the
investigating officer the two older boys were wearing seatbelts
when Ms. Jones left her house.
15
Ms. Jones does not have
knowledge of the boys unbuckling themselves during the
course of the ride.
16
Counsel for claimants indicated there was no expert testimony
presented suggesting the seatbelts would have made a
difference for Lanard and Denard. Counsel noted the one
child who was restrained, Logan, was the most severely
injured. Counsel suggested if seatbelts were not used by the
two older boys–not wearing the belts may have saved their
lives.
17
11
Id. at 28.
12
Id. at 5.
13
Id. at 6-7. “The rear left and center seatbelts were locked in the retracted position. The rear right seat belt
appeared to have been cut in two places. The child restraint seat was cracked and the metal seatbelt clip was
bent.” Id. at 16.
14
Deposition, Christeia Jones, 87 (Jan. 18, 2018); Deposition, Trooper Crocker 7:20–7:30.
15
FHP Report at 22.
16
Special Master Hearing at 3:28:43-3:29:45.
17
Id. at 14:45-15:58. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 4
Speed
The posted speed limit of the highway where the incident
occurred was 70 miles per hour.
18
Information gathered during
the FHP’s investigation demonstrated Ms. Jones was driving
at a speed exceeding the limits and made efforts to slow down
just before impact with Trooper Umana’s vehicle.
FHP investigators were able to obtain information from the
event data recorder in Ms. Jones’s vehicle. Prior to Trooper
Umana’s vehicle hitting Ms. Jones’s vehicle, Ms. Jones was
traveling at 88 miles per hour; which counsel for the claimants
noted as going with the flow of traffic.
19
The FHP report
indicates about 1.5-2 seconds prior to impact, speed was
reduced to 86 miles per hour. By one second before impact,
Ms. Jones was traveling at 79 miles per hour; .5 second
before impact, she was traveling at 69 miles per hour; and, at
impact, she was traveling at 62 miles per hour.
20
Medical Injuries
Ms. Jones is not seeking relief for herself through the claim
bill. She seeks relief only for her children. Information
regarding injuries to the three children was provided at the
special master hearing. The submitted information includes
evaluations, for each child, by medical professionals,
vocational rehabilitation, and life care planning professionals.
Logan Grant
Logan suffered from a severe traumatic brain injury, orbital
fractures, lung contusions, and a left subdural hematoma in
his brain. He was hospitalized at UF Health Shands Hospital
for a month before going to a rehabilitation hospital for another
two weeks.
21
As of November 2017, Logan could walk on his own with
fewer falls when wearing a brace on one foot; fatigued easily;
was able to dress himself if clothing did not have fasteners;
had limited strength and coordination with his left hand; and
18
FHP Report at 5.
19
Special Master Hearing at 51:20-51:30. See also FHP Report at 13 (noting none of three witnesses, who were
truck drivers, indicated Ms. Jones, the vehicle behind her, nor the tractor-trailer truck were speeding). Counsel for
claimants highlighted this information in support of Ms. Jones, who, although speeding, was traveling with the flow
of traffic. Special Master hearing at 52:20-:53:06.
20
FHP Report at 18.
21
Special Master Hearing at 16:00-16:30; see Kornberg, MD, Paul B., Rehabilitation & Electrodiagnostics:
Comprehensive Medical Evaluation, 13 -15 (Nov. 22, 2017). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 5
had cognitive-behavioral impairment. He was receiving
occupational, physical, speech, and behavioral therapy.
22
The
doctor evaluating Logan found his “level of function and
quality of life has markedly diminished in relation to the motor
vehicle crash” and anticipated his deficits are permanent and
will require continued multidisciplinary care.
23
The evaluating
doctor believes, due to cognitive and communication
impairments, Logan is not expected to be able to live alone as
an adult, and will require guardianship and attendant care to
assist with activities of daily living.
24
A doctor examining Logan on behalf of the respondent came
to similar conclusions with regard to Logan’s abilities and
future needs. The doctor found Logan had cognitive deficits
with regard to executive functioning and his ability to control
behaviors, regulate emotions, and stay on task.
25
This doctor
also found Logan will likely need some assistance in making
major life and financial decisions; and he is likely to be able to
perform labor-oriented work.
26
A doctor hired by the claimants conducted a vocational
rehabilitation evaluation, which included the finding that he
“will not be capable of securing and maintaining competitive
employment.”
27
The doctor found it reasonable to assume he
would have previously been capable of graduating from high
school and earning a college degree.
28
The same doctor, in
coordination with others, evaluated Logan’s needs and
developed a life care plan.
29
An economist used underlying
reports from doctors evaluating the claimant to estimate
economic losses and the cost of future care needs which are
identified later in this report.
22
Kornberg, MD, Paul B., Rehabilitation & Electrodiagnostics: Comprehensive Medical Evaluation, 8-10 (Nov. 22,
2017).
23
Id. at 14.
24
Id. at 15.
25
Kelderman, M.D., Jill (The Center for Pediatric Neuropsychology), Compulsory Medical Evaluation for Logan
Grant, 9 (Aug. 23, 2018).
26
Id. at 10.
27
Shahnasarian, Ph.D., Michael, Vocational Rehabilitation Evaluation of Logan Eduardo Grant, 30 (June 25,
2018). This finding is based upon a reasonable degree of vocational rehabilitation probability. Id. But see
Kelderman, Ph.D. ABPP, Jill, Pediatric Neuropsychological Evaluation, 10 (Aug. 23, 2018) (concluding Logan will
likely need some level of supervision throughout adulthood with regard to major life and financial decisions but
noting he is likely to be able to work labor-related jobs).
28
Id. at 31.
29
Shahnasarian, Ph.D., Michael, 1
st
Update–Life Care Plan Prepared for Logan Eduardo Grant (Aug. 2, 2018). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 6
Lanard Maybin
Lanard, who was found in the front of the car under the
dashboard, suffered facial lacerations, a left shoulder fracture,
a major neurocognitive disorder and behavioral disturbance
related to a traumatic brain injury, attention deficit disorder
related to traumatic brain injury, and possible post-traumatic
stress disorder.
30
In September 2019, a doctor providing an opinion about
Lanard’s functional status and needs noted his “level of
function and quality of life has markedly diminished” as a
result of his injuries. The doctor also noted ongoing
neurocognitive and behavioral impairments that impact daily
life at home and in school, which will require ongoing
multidisciplinary care. The doctor believes these impairments
will negatively impact Lanard’s future vocational potential and
his level of independence; however, the doctor is not certain
if Lanard will be able to achieve gainful employment in the
competitive job market or live alone as an adult.
31
In 2019, a doctor conducted a vocational rehabilitation
evaluation of Lanard. In reviewing medical records, the doctor
noted neuropsychological diagnoses of 1) a major cognitive
disorder likely from traumatic brain injury with behavior
disturbance; 2) post-traumatic stress disorder; and 3)
nocturnal enuresis. Additionally, Lanard indicated difficulty
focusing and has ongoing nightmares and accident-related
thoughts. His facial scarring is described as “prominent.”
32
The same doctor, in coordination with others, evaluated
Lanard’s needs and developed a life care plan.
33
An
economist used underlying reports from doctors evaluating
the claimant to estimate economic losses and the cost of
future care needs, which are identified later in this report.
30
Kornberg, M.D., Paul, Comprehensive Medical Evaluation of Lanard Maybin, 11 (Sept. 11, 2019); Shands at
the University of Florida, Department of Pediatric Surgery Discharge Note Re: Lanard Maybin (May 23, 2014).
31
Kornberg at 11.
32
Shahnasarian, Ph.D., Michael, Vocational Rehabilitation Evaluation of Lanard Maybin, 26 (Aug. 14, 2019).
33
Shahnasarian, Ph.D., Michael, 1
st
Update–Life Care Plan Prepared for Lanard Maybin (Nov. 4, 2019). During
his testimony at the special master hearing, Dr. Shanasarian indicated one needed change to page 19 of his
original report. He noted it should read, “to be determined” as to whether Lanard would require a live-in personal
care attendant after the age of 22. See Shanasarian, Life Care Plan Prepared for Lanard Maybin (Oct. 18, 2019).
The correction was at the request of Dr. Gorman, a neuropsychologist, who could not state, with probability, the
ongoing need beyond age 21. Special Master Hearing at 1:29:40-1:30:06. Counsel for claimants submitted a
revised life care plan and a revised economic loss analysis report regarding Lanard in November of 2019, as cited
above. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 7
Denard Maybin
Denard suffered from a traumatic brain injury, right subdural
hematoma, and diffuse axonal injury.
34
A 2015 follow-up MRI
showed scarring and shrinking of the brain in some areas; and
an old hemorrhage in the bilateral front lobes (which are
responsible for executive functioning and emotional
regulation).
35
In 2017, a doctor evaluated Denard for the purpose of
providing an opinion about his functional status and future
needs. The doctor found his “level of function and quality of
life has markedly diminished in relation to the motor vehicle
crash.”
36
The evaluation noted mild right lower extremity
weakness with motor perceptual, communication, and
cognitive impairments, which are anticipated to be
permanent.
37
As a result of cognitive and functional
impairments, the evaluating doctor believes Denard will
require ongoing multidisciplinary care and is not expected to
attain gainful employment in the competitive job market.
38
A doctor examining Denard on behalf of the respondent found
Denard has “significant weaknesses” with regard to executive
functioning, “remarkable deficits” with regard to organization,
“significant difficulties with fine motor skills,” as well as visual-
spatial deficits.
39
With regard to Denard’s abilities and future
needs, the doctor found Denard is unlikely to attain a standard
high school diploma and notes he will likely require some level
of assistance and supervision with major life and financial
decisions.
40
However, he is “unlikely to require a personal
care attendant as he will be able to care for his personal
needs.”
41
This doctor also believes Denard will be able to
perform labor-oriented work.
42
34
Special Master Hearing at 16:32-16:58; see Kornberg, M.D., Paul B, Rehabilitation & Electrodiagnostics:
Comprehensive Medical Evaluation–Denard Maybin, 2-3 (Nov. 22, 2017).
35
Kornberg at 6; see Special Master Hearing at 2:19:00-2:20:45.
36
Kornberg at 12.
37
Id. at 12.
38
Id. at 12; see also Shahnasarian, Michael, Vocational Rehabilitation Evaluation for Denard Maybin, 33 (June
22, 2018).
39
Kelderman, M.D., Jill (The Center for Pediatric Neuropsychology), Compulsory Medical Evaluation for Denard
Maybin, Jr., 9 (Aug. 22, 2018).
40
Id. at 10.
41
Id. at 10. This is notable as the life care plan and costs of future life care needs includes the cost of a live-in
personal care attend with a present value cost of $4,195,226; as well as an item listed as “additional cost for live-
in care,” which has a present value of $208,692. Raffa, Frederick (Raffa Consulting Economists, Inc.), Economic
Loss Analysis in the Matter of Maybin, Jr., Denard vs. Florida Highway Patrol, Table 2 (Oct. 31, 2018).
42
Kelderman at 10. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 8
In 2018, a doctor provided a vocational rehabilitation
evaluation for Denard as requested by the claimants.
43
The
doctor’s findings included academic and medical difficulties
since the accident, and multifaceted neuropsychological
difficulties. These difficulties include reasoning ability,
memory, processing speed, motor skills, emotional
disturbance, and anxiety among other findings.
44
The doctor
concluded Denard is not likely to be capable of attaining
competitive employment.
45
The same doctor, in coordination with others, evaluated
Denard’s needs and developed a life care plan.
46
An
economist used underlying reports from doctors evaluating
the claimant to estimate economic losses and the cost of
future care needs, which are identified later in this report.
Caretaking
Ms. Jones is the primary caretaker for Logan, Lanard, and
Denard and takes them to all of their appointments. She
testified she takes them to speech, physical, and occupational
therapy appointments two days a week (2-3 hours each of
those days). In addition, she takes them to appointments with
specialists and their primary care physician. Ms. Jones works
as a substitute teacher 1-3 days a week (depending upon
appointments), which allows her to have a schedule flexible
enough to get her children to their doctors and therapists. She
would like to work fulltime using her bachelor’s in criminal
justice and seek a master’s and a law degree.
47
Estimated Economic Losses
Claimants submitted economic loss analyses
48
with regard to
the children based upon medical assessments and expected
needs and limitations.
43
Shahnasarian, Ph.D., Michael, Vocational Rehabilitation Evaluation for Denard Maybin, 33 (June 22, 2018).
44
Id.
45
Id.
46
Shahnasarian, Ph.D., Michael, Life Care Plan Prepared for Denard Maybin (July 5, 2018).
47
Special Master Hearing at 3:15:09-3:18:10. Ms. Jones testified about her worries for her children as well as her
desire to make sure they are healthy and prepare them as much as possible to live without her. Id. at 3:31:30-
3:32:00 and 3:38:50-3:39:00.
48
See Raffa, Frederick (Raffa Consulting Economists, Inc.), Economic Loss Analysis in the Matter of Mr. Lanard
Maybin 2
nd
Revised Report (Nov. 7, 2019); Raffa, Frederick (Raffa Consulting Economists, Inc.), Economic Loss
Analysis in the Matter of Grant, Logan vs. Florida Highway Patrol Report (Nov. 2, 2018); Raffa, Economic Loss
Analysis Re: Denard. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 9
The estimated economic losses with regard to future earning
capacities in different scenarios were as follows:
Earning Capacity: Assuming Pre-Incident Employment
with No Further Degree Beyond High School
Present Value
Logan $1,543,014
Lanard $1,690,822
Denard $1,592,738
Earning Capacity: Assuming Pre-Incident
Employment and Additional Schooling
Present Value
Logan
(with a bachelor’s degree)
$2,810,754
Lanard
(with technical school training)
$1,834,473
Denard
(with a bachelor’s degree)
$2,906,356
The estimated cost of future life care needs for each child is
as follows:
Cost of Future Life Care Needs
Present Value
Logan
49
$6,702,555 or
$6,738,094
Lanard
50
$2,126,572
Denard
51
$5,818,550
In summary, the estimated economic loss and cost of future
care at present value
52
for each child is as follows:
Logan $8,245,569–$9,548,848
Lanard $3,817,394–$3,961,045
Denard
53
$7,411,288–$8,724,906
49
Two options were listed for Logan’s Life Care Plan depending upon what is used to assist him with ambulating
(Option I: Walkaide and Options 2: Bioness L300).
50
The values for Lanard include adjusting for the correction to the life care plan evaluation (indicating the need for
a live-in attendant after the age of 21 is yet to be determined by professionals).
51
If the medical opinion of the respondent’s evaluating doctor is applied (that Denard will not require live-in care),
the values for Denard’s future life care needs would likely be reduced by the values listed for a live-in care
attendant ($4,195,226) and “additional cost for live-in care” ($208,692). If he no longer required housekeeping,
that would further reduce his future life care needs by $70,761. See Raffa Economic Loss Analysis Re: Denard at
Table 2.
52
Raffa Economic Loss Analysis Re: Logan at Tables 3A and 3B; Raffa 2
nd
Revised Economic Loss Analysis Re:
Lanard at Tables 3A and 3B; and Raffa Economic Loss Analysis Re: Denard at Tables 3A and 3B.
53
See supra n. 48. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 10
Combined, the estimated economic loss ranges for all three
children is $19,474,251–$22,234,799.
54
Trooper Raul Umana
During a deposition related to this matter, Trooper Umana
stated he was going to pull into the median and wait until it
was safe to turn around; however, he admitted he approached
too quickly. He said his “lack of experience there really kicked
in.”
55
He said “there was too close of [a] range for me to get
across and turn around.”
56
Trooper Umana agreed it was part
of his training to turn around in the safest area.
57
Although he
did not know the speed at which he entered the median, his
opinion was it “was too fast.”
58
The FHP report indicates Trooper Umana received a traffic
citation for careless driving pursuant to section 316.1935, of
the Florida Statutes,
59
which he states he paid.
60
He did not
receive any discipline from FHP.
61
Other Vehicles Involved in Incident
In addition to Trooper Umana’s and Ms. Jones’s vehicles,
there were two other vehicles involved in this incident. There
was a vehicle directly behind Ms. Jones’s vehicle involved, as
well as a tractor-trailer truck.
The Vehicle Behind Ms. Jones’s Vehicle
The vehicle behind Ms. Jones, according to the FHP report,
was following too closely behind her.
62
Although this vehicle
did not come into contact with Ms. Jones’s vehicle, the insurer
of this vehicle opted to provide $20,000 in a settlement
agreement.
The Tractor-Trailer Truck
Two possible issues arose with regard to the tractor-trailer
truck. The first potential issue was with regard to speed.
Although the tractor-trailer truck did not have a recording of
54
Although respondent’s doctor does not believe Denard will require live-in care after the age of 21, these
amounts include such live-in care.
55
Trooper Raul Umana, Deposition, 22 lines 19–12 (July 17, 2017).
56
Id. at 22 line 25–23 line 5.
57
Id. at 26 lines 1–4.
58
Id. at 32 lines 6–11.
59
FHP Report at 59.
60
Trooper Raul Umana, Deposition, 53 lines 17–20.
61
Id. at 53 line 14–54 line 10 (July 17, 2017).
62
FHP Report at 26. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 11
data like Ms. Jones’s Altima had, a responding trooper
originally noted the driver of the tractor-trailer truck was
following too closely because the driver had stated he did not
have time to react after vehicles in front of him were involved
in the initial crash.
63
The significant damage to the back of Ms.
Jones’s vehicle, which crushed the back seat where her
children were located, was from impact of the tractor-trailer
truck. The second potential issue was with regard to the
driver’s time on duty and whether he exceeded the limit
regarding driving hours.
64
Evidence was not submitted to
confirm whether the driver of the tractor-trailer truck had been
following too closely or driving for too many hours at the time
of the crash.
Litigation History and Settlement
Two cases were filed by Ms. Jones in Orange County seeking
relief as a result of this incident. One case was filed by Ms.
Jones on behalf of her three children
65
; and the other was filed
regarding Ms. Jones’s personal injury claims.
66
Prior to trial,
the parties arrived at a mediated settlement agreement
67
and
both cases were subsequently closed.
Settlement
Counsel for claimants believed the potential jury verdict value
of this matter would be $40-50 million.
68
The mediated
settlement agreement notes claimants and respondent (FHP)
acknowledged “a jury could reasonably award damages to the
minor Plaintiffs in the amount of [$18 million].”
69
Counsel for
the claimants stated the settlement amount was less than the
amount claimants believe is the full value because of issues
relating to speed and whether the use of seatbelts would have
been of concern for a jury. Counsel noted there was no
information suggesting Ms. Jones could have avoided the
incident, but conceded the issue of the seatbelts could have
affected a jury’s verdict.
70
63
Sworn Audio Statement, Trooper Shawn Crocker, 13:30-13:59 (June 9, 2014).
64
Special Master Hearing at 1:06:20-1:07:06.
65
Jones on behalf of Grant, et al. v. Fla Highway Patrol, Case No. 2017-CA-000732-O (Fla. 9
th
Circ. Ct.).
66
Jones v. Fla. Highway Patrol, Case No. 2018-CA-004258-O (Fla. 9
th
Circ. Ct.).
67
Special Master Hearing at 16:59-17:25.
68
Id. at 20:22-20:37.
69
Mediation Settlement Agreement, Jones on behalf of Grant, et al. v. Fla. Highway Patrol, Case No. 2017-CA-
000732-O (Fla. 9
th
Circ. Ct.), 2 (Nov. 30, 2018); Special Master Hearing at 4:02:30-4:03:56.
70
Special Master hearing at 21:00-21:54. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 12
The respondent did not admit liability or responsibility for the
incident but did reach a mediated settlement agreement of
$18,000,000.
71
As part of the agreement, the respondent
agreed to be silent on the claim bill, not support or oppose the
bill, and did not present a case or argument at the special
master hearing.
72
Funds Received by Claimants
Pursuant to settlement agreements, claimants have received
funds from FHP, the insurer of the tractor-trailer truck, and the
insurer of the Mercedes.
Respondent’s Payment Pursuant to the Statutory Cap
The claimants received the remaining amount ($285,000)
73
of
the respondent’s statutory limit ($300,000 per incident) from
the Division of Risk Management and seek the remaining
balance of the settlement ($17,715,000) through this claim
bill. From payment of the limit, claimants’ net proceeds were
$142,999.14, and the following disbursements were made
74
:
Christeia Jones $49,999.14
Logan Grant Special Needs Trust (SNT) $25,000.00
Denard Maybin, Jr. SNT $25,000.00
Lanard Maybin SNT $50,000.00
Settlement Funds from other Insurance Policies
In addition to the respondent’s payment, the children received
funds from settlements with insurers of two other vehicles
involved in the accident.
75
Each of the children recovered funds from the tractor-trailer
truck’s insurance company, and Ms. Jones recovered a
portion of each of those amounts, as well. The total recovery
from the tractor-trailer truck’s insurance company was
$965,984.33. After payment of attorney fees and costs and
liens, the distributions were as follows:
Christeia Jones $15,000
Logan Grant SNT $185,031.80
71
Order on Petition for Approval of Personal Injury Settlement of Minors Logan Grant, Denard Maybin, Jr., and
Lanard Maybin, Case No. 2017-CA-000732-O (Fla. 9
th
Circ. Ct.) (June 24, 2019).
72
Mediation Settlement Agreement at 2.
73
The first $15,000 of respondent’s limit went to the driver of the tractor-trailer truck. Correspondence from
Kenneth McKenna, Attorney for Claimants (Nov. 12, 2019).
74
Closing Statement, Recovery from FHP (June 27, 2018); see Affidavit of Attorney for Claimants Attorney (Oct.
16, 2019).
75
Affidavit of Attorney for Claimants at 2. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 13
(from total recovery of $482,992.17)
Denard Maybin, Jr. SNT $154,191.15
(from total recovery of $386,393.73)
Lanard Maybin SNT $41,535.42
(from total recovery of $96,598.43)
Claimants recovered $20,000 from an insurer of the Mercedes
traveling behind Ms. Jones that was involved in the incident.
From this settlement, proceeds to claimants totaled
$5,644.22, which was distributed as follows:
Logan Grant SNT $1,881.41
Denard Maybin, Jr. SNT $1,881.41
Lanard Maybin SNT $1,881.40
Balance of Each Child’s Special Needs Trust
As of fall 2019, the balance of each child’s special needs trust
is as follows
76
:
Logan Grant SNT $205,368.83
Denard Maybin, Jr. SNT $170,415.51
Lanard Maybin SNT $80,817.50
Liens
Florida Medicaid had asserted liens on each claimant though
HMS/Conduent, which have been paid in full.
77
WellCare has asserted a lien of $49,767.42 regarding Logan
Grant; $22,869.40 on Denard Maybin, Jr.; and $8,485.71 on
Lanard Maybin.
78
Counsel for claimants indicated funds are
being held in trust for payment of these liens; however, there
is disagreement with regard to how much is to be paid.
79
CONCLUSIONS OF LAW: A de novo hearing was held as the Legislature is not bound
by settlements or jury verdicts when considering a claim bill,
passage of which is an act of legislative grace.
Section 768.28, Florida Statutes, waives sovereign immunity
for tort liability up to $200,000 per person and $300,000 for all
76
Information is as of September 12, 2019 for all accounts.
77
First Updated Affidavit of Attorney for Claimants, 2 (Nov. 12, 2019).
78
Affidavit of Attorney for Claimants at 3. Special Master Hearing at 2:50:30-2:54:30.
79
First Updated Affidavit of Attorney for Claimants, 3 (Nov. 12, 2019). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 14
claims or judgments arising out of the same incident. Sums
exceeding this amount are payable by the State and its
agencies or subdivisions by further act of the Legislature.
In this matter, the claimants allege negligence on behalf of
Trooper Umana. The State is liable for a negligent act
committed by an employee acting within the scope of
employment. Trooper Umana was operating his patrol vehicle
while on duty and was within the scope of his employment
with Florida Highway Patrol (a division of the Department of
Highway Safety and Motor Vehicles). Therefore, his
employer, ultimately the State, is liable for negligent acts
committed by him pursuant to the statutory sovereign
immunity waiver.
Negligence
There are four elements to a negligence claim: (1) duty–where
the defendant has a legal obligation to protect others against
unreasonable risks; (2) breach–which occurs when the
defendant has failed to conform to the required standard of
conduct; (3) causation–where the defendant’s conduct is
foreseeably and substantially the cause of the resulting
damages; and (4) damages–actual harm.
80
Duty
Statute and case law describe the duty of care placed upon
motorists. Florida’s statute regarding careless driving
provides:
Any person operating a vehicle upon the streets
or highways within the state shall drive the same
in a careful and prudent manner, having regard
for the width, grade, curves, corners, traffic, and
all other attendant circumstances, so as not to
endanger the life, limb, or property of any person.
Failure to drive in such manner shall constitute
careless driving and a violation of this section.
81
Case law provides motorists have a duty to use reasonable
care to avoid accidents and injury to themselves and others.
82
The driver of an automobile, a “dangerous instrumentality,” is
responsible for maintaining control of the vehicle,
commensurate with the setting, and being “prepared to meet
80
Williams v. Davis, 974 So.2d 1052, at 1056–1057 (Fla. 2007).
81
Section 316.1925(1), Fla. Stat.
82
Nelson v. Ziegler, 89 So.2d 780, 783 (Fla. 1956). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 15
the exigencies of an emergency within reason and consistent
with reasonable care and caution.”
83
Breach
The undersigned finds Trooper Umana breached the duties
described above when he approached the median too quickly,
as he admitted himself, and attempted to turn around in the
center median.
Causation
Trooper Umana’s breach of duty in approaching the median
too quickly caused him to hit the guardrail and travel into
oncoming traffic where he made impact with other vehicles,
including the Jones’s Altima. The collision with Trooper
Umana’s vehicle pushed the Jones’s vehicle into the path of
the tractor-trailer truck traveling in the middle lane. Impact with
the tractor-trailer truck caused significant damage to the back
of the vehicle and injured the children in the backseat.
Case law provides, when injury results “directly and in
ordinary natural sequence from a negligent act without the
intervention of any independent efficient cause,” where the
sequence “should be regarded as a probable, not a mere
possible, result of the negligent act, [the injured person] is
entitled to recover damages as compensation.”
84
The
undersigned finds it probable, not merely possible, the
Jones’s vehicle would be hit by another vehicle after being hit
by Trooper Umana’s vehicle on a three-lane highway. The
damages sustained by the Joneses are the natural result of
the sequence of events set in motion by Trooper Umana.
Damages
As a result of the collision, doctors indicated all three children
suffered traumatic brain injuries as well as the medical injuries
previously described in this report. The total amount of
damages provided by claimant’s economic analyst is
$19,474,251–$22,234,799.
As noted previously, the doctor examining the children for
the respondent does not believe Denard will require live-in
assistance. If Denard does not require live-in care after the
age of 21, the economic loss for him may be significantly
83
Nelson, 89 So.2d at 783.
84
Loftin et al. v. McCrainie, 47 So.2d 298, 301 (Fla. 1950). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 16
reduced. However, claimants’ experts provide Denard will
need such care and have calculated live-in care into the
economic loss analysis. Given the claimants’ submissions
from various experts collaborating to create the life care
plan, the undersigned finds the preponderance of evidence
demonstrates Denard’s estimated future need of live-in care
should remain in the calculation.
Respondent and claimants agreed a jury could have
awarded $18,000,000 to the children and settled for that
amount–which is less than the calculations provided by the
economic analyses.
Comparative Negligence
Comparative negligence “involves the apportionment of the
loss among those whose fault contributed to the occurrence”
and a claimant cannot recover damages for the percentage
of fault for which she is liable.
85
Ms. Jones
In this matter, Ms. Jones was exceeding the speed limit by
traveling at 88 miles per hour on a highway with a 70 mile
per hour speed limit; and two of the children were unbuckled
when emergency responders found them.
With regard to Ms. Jones’s speed, claimants’ counsel did not
provide argument of negligence on behalf of Ms. Jones for
which damages apportioned to the respondent should be
reduced, and respondent remained silent pursuant to the
settlement agreement. The data recorder clearly provides
evidence Ms. Jones had breached her duty to drive the
speed limit. However, information was not provided
demonstrating her speed specifically contributed to the
causation of the damages suffered.
With regard to seatbelts, “a claim that a plaintiff failed to
wear a seat belt and that such failure was a contributing
cause of plaintiff’s damages should be raised as an
affirmative defense of comparative negligence.”
86
Testimony
and information (provided by Ms. Jones and her
grandmother) was consistent that Ms. Jones had buckled
her three children, as well as herself, before she started
85
Hoffman v. Jones, 280 So.2d 431, 436 (Fla. 1973).
86
Ridely v. Safety Kleen Corp., 693 So.2d 934, 935 (Fla. 1996). SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 17
driving. Ms. Jones also indicated she did not have
knowledge of the children unbuckling themselves; however,
Lenard and Denard were both found unbuckled by first
responders. Regardless of how the children were unbuckled,
a comparative negligence defense would also require
demonstration that the breach of a duty contributed to the
damages sustained. Here, counsel for claimants argued if
Lenard and Denard were unbuckled–it may have saved their
lives.
Given the information she had buckled the children before
driving; did not have knowledge of the children unbuckling
themselves if or when they did; the argument they would
have sustained greater injuries if they remained restrained to
the back seat which had extensive crush damage (thereby
more than likely not contributing to damages); and no
argument from respondent with regard to a comparative
negligence defense–no contributory
87
negligence has been
demonstrated.
Driver of the Tractor-Trailer Truck
Similarly, although counsel for claimants mentioned there
may have been issues explored with regard to the driver of
the tractor-trailer truck (potentially exceeding hours he was
allowed to work and a trooper noting the driver may have
been speeding) there was no demonstration of the elements
required to find comparative negligence on behalf of the
tractor-trailer truck driver. The only information provided
regarding hours of driving was in the FHP report, which
indicated five violations in eight days but stated “these
violations alone are not likely to cause a fatigue factor.”
88
General information regarding speed of the truck indicates
the driver recalled traveling at 65 miles per hour at the time
of the incident and that the truck was traveling between 60
and 80 miles per hour 69% of the time.
Ms. Jones’s vehicle sustained the most significant damage
from impact with the tractor-trailer truck. If more information
were available regarding potential comparative negligence
on behalf of the truck driver, it is possible the respondent’s
responsibility for damages would be reduced; however,
87
See Section 768.81(2), Fla. Stat., describing contributory fault and its effect as “fault chargeable to the claimant
[which] diminishes proportionately the amount awarded as economic and noneconomic damages for an injury
attributable to the claimant’s contributory fault, but does not bar recovery.”
88
FHP Report at 15. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 18
further information to find comparative negligence on behalf
of the tractor-trailer truck driver was not presented by
claimants and the respondent remained silent but
acknowledged such issues of comparative negligence had
been explored.
ATTORNEY FEES: Language in the bill states attorney fees may not exceed 25
percent of the amount awarded. Counsel for the claimants
indicated attorney fees will be 20 percent, and lobbying fees
will amount to 5 percent, of the total funds awarded through
the claim bill.
89
RECOMMENDATIONS: Recommended Amendment(s)
Although the settlement agreement resolved Christeia Jones
claims, as well as claims on behalf of her three boys, Ms.
Jones is not seeking relief in an individual capacity through
this claim bill.
90
Therefore, the undersigned recommends removing
references in the bill identifying Ms. Jones as a claimant, or
providing relief to her; or, replacing such portions with
clarifying language providing the funds to the special needs
trusts of Logan Grant, Denard Maybin, Jr., and Lanard
Maybin, which are handled by Ms. Ashley Gonnelli of
Guardian Trust Foundation, Inc.
91
Recommendation on the Merits
The undersigned did not have the benefit of hearing
argument from both parties due to the settlement agreement
requiring the respondent to remain silent on the claim bill
and not support or oppose the bill.
92
Therefore, the above
facts, conclusions of law, and recommendations are the
result of argument and information provided by counsel for
the claimants.
Based upon the information provided before, during, and
after the special master hearing, the undersigned finds
claimants have demonstrated negligence on behalf of the
89
Affidavit of Attorney for Claimants at 2 (noting outstanding costs of $15,603.17 with regard to representation of
the claimants).
90
Affidavit of Attorney for Claimants, 1 (Oct. 16, 2019).
91
E-mail Correspondence from Mr. Daniel Smith, Attorney for Claimants (Jan. 16, 2020).
92
Special Master Hearing at 22:13-22:18. SPECIAL MASTER’S FINAL REPORT – SB 16
February 6, 2020
Page 19
respondent and the amount sought is reasonable when
compared to analyses provided by claimants’ economist.
Respectfully submitted,
Christie M. Letarte
Senate Special Master
cc: Secretary of the Senate