STORAGE NAME: h6007.CJS
DATE: 3/7/2023
March 7, 2023
SPECIAL MASTER’S FINAL REPORT
The Honorable Paul Renner
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: HB 6007 - Representative Abbott
Relief/Molly Parker/Department of Transportation
THIS IS AN UNCONTESTED EXCESS JUDGMENT CLAIM
FOR $5.95 MILLION BASED ON A SETTLEMENT
AGREEMENT IN WHICH T HE FLORIDA DEPARTMEN T OF
TRANSPORTATION AGREE D TO COMPENSATE THE
ESTATE OF MOLLY PARK ER A TOTAL AMOUNT OF $6.25
MILLION RELATING TO THE DEATH OF AND INJURIES
SUSTAINED BY MOLLY PARKER BECAUSE OF THE
DEPARTMENT’S NEGLIGEN CE. THE DEPARTMENT OF
TRANSPORTATION HAS P AID THE STATUTORY LIMIT OF
$300,000.
FINDINGS OF FACT: On December 12, 2019, at approximately 9:16 a.m., a dump
truck registered to the Florida Department of Transportation
(FDOT) in Tallahassee, fully loaded with dirt weighing over
40,000 pounds, was traveling south on County Road 167 in
Jackson County. The FDOT dump truck pulled out from its stop
sign at CR 167 to cross SR 2 and violated the right of way of a
sport utility vehicle (SUV) causing a “T-bone” type collision with
the SUV. The collision resulted in severe injuries and the death
of Molly Parker, a resident of Santa Rosa Beach, Walton
County, Florida.
SR 2 runs east-west; CR 167 intersects SR 2 and runs north- SPECIAL MASTER’S FINAL REPORT--
Page 2
south. There are stop signs and stop bars/stop lines on CR 167
on each side of its intersection with SR 2. The stop sign is
approximately forty feet behind the stop bar/stop line. Both
roads are straight, flat, paved two-lane roadways.
Molly Parker was wearing her seatbelt at the time of the
collision and was not under the influence of any substances,
was not using her cell phone, and was not otherwise distracted
while driving her SUV. Mrs. Parker was not driving at an
excessive speed; the speed limit posted on SR 2 was 55 miles
per hour.
At the time of the collision, the FDOT dump truck – a yellow
2005 Sterling Industrial Corp. LT 7500 Dump Truck – was
being driven by an FDOT employee, Jesmond Russ. Mr. Russ
was driving the dump truck in his capacity as an employee of
the FDOT transporting loads of dirt from the dirt stockpile in
Malone, Florida, to the FDOT maintenance yard in Marianna,
Florida. Mr. Russ was wearing his seatbelt and was not under
the influence of drugs or alcohol at the time of the collision.
There were no visual obstructions that would have obstructed
the view of vehicles traveling eastbound and westbound on SR
2. The roadway was safely designed, properly constructed, and
adequately maintained. The weather conditions on the day of
the collision were daylight with cloudy skies and visibility of
around 10 miles; no environmental conditions contributed to the
collision.
Molly Parker had to be extricated from her SUV with the aid of
the “jaws of life.” Mrs. Parker suffered critical injuries from the
collision including complex comminuted depressed left cranium
skull fractures, severe traumatic brain injury, extensive mid-face
fractures, a fractured sternum, several broken vertebrae,
bruised lungs, a bruised kidney, and a break in her right foot as
a result from depressing the brake with her foot at the time of
impact. Mrs. Parker was transported by helicopter to Dothan,
Alabama where she underwent emergency brain surgery. Mrs.
Parker remained in the hospital in Dothan in a coma for ten
days following the accident. Mrs. Parker never recovered from
her coma and died on December 22, 2019, from the injuries
she suffered in the collision.
Florida Highway Patrol (FHP) Investigation
The FHP conducted a traffic homicide investigation of the
collision and determined the facts cited above. FHP determined
that the FDOT dump truck entered the intersection when
unsafe and into the path of Mrs. Parker’s SUV. Mr. Russ, the
driver of the dump truck, was in violation of s. 316.123(2)(a),
F.S., and was the sole cause of the crash and all property
damage as well as the injuries and death of Mrs. Parker.
SPECIAL MASTER’S FINAL REPORT--
Page 3
Molly Parker (Claimant)
Molly Parker was 39 years old at the time of her death. She
was married to Tom Parker, with whom she shared one child
(“A.P.”). The family lived in Santa Rosa Beach, Florida. Mrs.
Parker worked as a professional photographer doing real
estate, portrait, nature, and family photography.
The claimant’s estate has an outstanding subrogation lien for
medical bills of $159,624.44.
At the time of her death, Mrs. Parker had a remaining work life
expectancy of 27.61 years. Based upon prior tax and wage
records, the claimant’s lost earnings, when adjusted to reflect
present value, are estimated at $3,040,393.
LITIGATION HISTORY: On December 11, 2020, Thomas James Parker, as the
personal representative for the Estate of Molly Parker
(Claimant), filed a complaint against the Florida Department of
Transportation (Respondent) in the Second Judicial Circuit in
Leon County, Florida. The complaint was filed on behalf of Mr.
Parker and his minor son, A.P., pursuant to ss. 768.16-768.26,
F.S., the “Florida Wrongful Death Act.” The complaint alleged
that the death of Molly Parker caused permanent and
continuing harm and damages to Mr. Parker and A.P., as well
as financial damages to the Estate of Molly Parker.
The parties entered into a stipulated settlement agreement
which was approved and ordered by final judgment of the court
on June 23, 2022. Pursuant to the settlement, the parties
agreed to the entry of a Consent Final Judgment in the gross
amount of $6,250,000 as a full and complete settlement of any
and all claims against FDOT. The State of Florida has already
paid out the statutory limit of $300,000 per incident to Mr.
Parker (individually and on behalf of the Estate and A.P.). As
such, the remaining amount owed under the settlement is
$5,950,000.
CLAIMANT'S POSITION: Claimant, Mr. Tom Parker, on behalf of the estate of Molly
Parker, argues that he is entitled to the remaining amount of
$5,950,000 under the settlement agreement.
RESPONDENT'S POSITION : Pursuant to the terms of the settlement agreement, FDOT
supports the claim bill. FDOT believes the claim bill is a fair
settlement for the State of Florida, an appropriate resolution of
the action, and in the state’s best interest.
CONCLUSIONS OF LAW: Regardless of whether there is a jury verdict, each claim bill is
reviewed de novo in light of the elements of negligence.
SPECIAL MASTER’S FINAL REPORT--
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Duty
The driver of a vehicle has a duty to take reasonable care and
to follow all applicable laws to prevent injury to others within the
vehicle’s path.
Section 316.123(2)(a), F.S., requires every driver of a vehicle
approaching a stop sign to stop at a clearly marked stop line,
but if no stop line is present, to stop before entering the
crosswalk on the near side of the intersection so that the driver
has a view of approaching traffic on the intersecting roadway
before entering the intersection.
1
After stopping at the stop line,
the driver is required to yield the right of way to any vehicle
which has entered the intersection from another highway or
which is approaching so closely on said highway as to
constitute an immediate hazard during the time when the driver
is moving across the intersection.
2
Additionally, FDOT policy requires all employees to operate
FDOT vehicles and heavy industrial equipment in a safe
manner.
3
Breach
The evidence presented, including the FHP Traffic Homicide
Report and Mr. Russ’s own testimony in his deposition,
demonstrate that Mr. Russ, an employee of the FDOT,
breached the required standard of care and violated s.
316.123(2)(a),F.S., when he failed to stop at the marked stop
line before entering the intersection of CR 167 and SR 2. Mr.
Russ’s failure to comply with traffic laws violated Mrs. Parker’s
right-of-way and resulted in the collision.
Mr. Russ was cited for his violation of s. 316.123(2)(a), F.S., by
the FHP and was found guilty of said violation at a hearing held
on March 11, 2021. Mr. Russ was driving a dump truck owned
and registered to the FDOT in his capacity as an FDOT
employee at the time of the collision. Thus, Respondent,
FDOT, is liable for Mr. Russ’s actions under the doctrine of
respondeat superior.
The FDOT issued Mr. Russ an official written reprimand for his
violation of the FDOT Disciplinary Standards of Conduct, which
ultimately required him to exercise due care and reasonable
diligence in the performance of his duties and responsibilities.
Causation
Molly Parker’s death was the direct and proximate result of Mr.
Russ’s breach. But for Mr. Russ’s failure to stop at the stop line
1
S. 316.123(2)(a), F.S.
2
Id.
3
Florida Department of Transportation, Safety and Loss Prevention Manual, Policy 13.5.1(C)(1), (May 16,
2018), https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/safety/safety/industrialsafety/slpm.pdf?sfvrsn=8d21dd2a_0 (last visited Feb. 27, 2023); see also
FDOT Safety and Loss Prevention Manual, Policy 10.11.1. SPECIAL MASTER’S FINAL REPORT--
Page 5
and subsequent failure to yield the right of way to Mrs. Parker,
the collision would not have occurred. As such, but for the
driver’s actions, Mrs. Parker would not have sustained her
critical injuries and, ultimately, would not have died on
December 22, 2019.
Mr. Russ was an employee of FDOT and was acting within the
course and scope of his employment at the time of the collision.
As such, FDOT is liable for the damages caused by its
employee’s negligence.
Damages
Molly Parker was a full-time photographer and served as the
primary earner in her household. Both she and her husband
worked full-time jobs and shared in the care and rearing of their
son, A.P. The present value of the combined past and future
loss of dependent support and services to Mr. Parker and A.P.
suffered as a result of Mrs. Parker’s death is estimated to be
$3,040,393.
4
The estimated value of remaining lifetime earnings of Mrs.
Parker, based on wage and tax records and a remaining work
life expectancy of 27.6 years is estimated to be $2,208,478.
5
Claimant’s estate has outstanding subrogation liens for medical
expenses in the amount of $159,624.44.
Claimant’s estate and the FDOT have agreed to settle this
matter for $6,250,000. I believe the settlement amount is
reasonable based on the evidence presented, case law, and
comparable jury awards.
The lives of Mr. Parker and A.P. have been tragically and
drastically changed since the loss of Molly Parker on December
22, 2019. Mr. Parker and A.P. continue to suffer economic and
emotional trauma relating to the loss of Mrs. Parker. A trust for
the protection of settlement fund proceeds for A.P. has been
established and one third of the settlement proceeds received
to date have been placed in said trust.
ATTORNEY’S/
LOBBYING FEES:
If the claim bill passes, the attorney fee will not exceed
$1,190,000, and the lobbying fee will not exceed $295,000.
Outstanding costs are $125,728.96.
COLLATERAL SOURCES :
After Mrs. Parker’s death, a GoFundMe account was created to
cover the expenses of the funeral and assist with relocation
expenses for Mr. Parker and A.P. The GoFundMe account
raised $61,437. Additionally, the claimant’s estate received a
$25,000 settlement from Geico for uninsured motorist
4
Estimated values are based upon findings made by Raffa Consulting Economists as detailed in the
Economic Damages Analysis for Molly Parker (May 20, 2022).
5
Id. SPECIAL MASTER’S FINAL REPORT--
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coverage.
RECOMMENDATION : I recommend that House Bill 6007 be reported FAVORABLY.
Respectfully submitted,
SARAH R. MATHEWS
House Special Master
cc: Representative Abbott, House Sponsor
Senator Hooper, Senate Sponsor
Jessie Harmsen, Senate Special Master