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
3/16/23 SM Favorable
3/20/23 JU Pre-Meeting
ED
RC
March 16, 2023
The Honorable Kathleen Passidomo
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 4 – Senator Rouson
HB 6017 – Representative Chaney
Relief of Maria Garcia by the Pinellas County School Board
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTESTED CLAIM BILL FOR $ 2.8
MILLION IN ACCORDANC E WITH A CONSENT
JUDGMENT RENDERED BY THE CIRCUIT COURT. MARIA
GARCIA SEEKS DAMAGES FROM THE PINELLAS
COUNTY SCHOOL BOARD FOR PERSON AL INJURIES
CAUSED BY THE NEGLIGENT OPERATION OF A SCHOOL
BUS BY AN EMPLOYEE OF T HE PINELLAS COUNTY
SCHOOL BOARD .
FINDINGS OF FACT: The Accident
Maria Garcia is a 45-year-old woman who suffered physical
injuries on February 13, 2019, when she was struck in Pinellas
County, Florida, by a bus operated by the Pinellas County
School Board. At the time of the accident, Ms. Garcia was
walking to work, and Patricia Gavin drove the bus within the
scope of her employment with the Pinellas County School
Board.
1
Ms. Garcia was in the crosswalk and had a “walk” signal when
she was struck by the bus. Video footage from the bus shows
1
Claimant’s Ex. 1, Crash Report; Claimant’s Ex. 10, Catastrophic Life Care Plan. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 2
the front of the bus strike Ms. Garcia. The rear wheels of the
bus then ran her over as the bus turned.
2
Damages
As a consequence of the accident, Maria Garcia has suffered
damages in the form of current and anticipated medical
expenses of $1,707,479, lost wages of $547,968, and at least
$744,553 due to pain and suffering. In brief, the total amount
of $3 million that Ms. Garcia seeks from the Pinellas County
School Board is no more than necessary to compensate Ms.
Garcia for her losses as a consequence of the accident.
Of the total amount sought and agreed to by Maria Garcia and
the Pinellas County School Board, Palm Beach County
School Board has paid to Maria Garcia the $200,000 statutory
cap. Of this amount, $50,000 was disbursed as attorney’s
fees and $43,476.63 was disbursed to repay the costs
associated with the claim and underlying litigation.
3
The Pinellas County School Board has an excess insurance
policy to pay claims in the rare occasion that the sovereign
immunity cap does not apply and a Self-Insured Retention
limit (deductible) of $500,000. Although there are no known
coverage defenses under the excess insurance policy, the
carrier makes the final decision as to whether a claim is or is
not covered under the policy.
4
Medical Expenses
Maria Garcia has remaining medical bills totaling
$140,759.64. She also has an Optum Health Care lien of
$16,588.27 and a Medicaid Lien (c/o Conduent) totaling
$118,809.86.
5
In sum, Ms. Garcia owes $276,157.77 for direct
medical expenses related to this injury.
The responding ambulance transported Ms. Garcia to
Bayfront Hospital in St. Petersburg, where Ms. Garcia was
treated for critical injuries, including, but not limited to:
Blunt multisystem trauma with hemorrhagic shock;
Internal bleeding with loss of 3/4 blood volume during
the first 24 hours;
A lacerated spleen with laparotomy;
2
Claimant’s Ex. 2, Video from the on-board camera of the school bus.
3
Claimant’s Ex. 5, Closing Statement Update.
4
Claimant’s Ex. 3, Insurance coverage disclosure.
5
Claimant’s Ex. 4, Affidavit as to Costs and Fees. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 3
Multiple rib fractures;
Pneumothoraxes (bilateral collapsed lung);
Gastronomy tube placement with tracheostomy and
intubation;
Multiple unstable pelvic ring fractures requiring
surgical intervention;
Bilateral fracture of acetabulum bones in the hip
joints;
Right thigh skin grafting hypertrophic scarring
complicated with recurrent infection;
Multiple transverse process and spinus process
fractures in the lumbar spine;
Loss of function in right arm due to nerve damage;
A degloving injury to right thigh;
Right knee injury to the posterior cruciate ligament
and possibly anterior cruciate ligament; and
A fractured left scapula.
6
Ms. Garcia required emergency surgery to remove her
lacerated spleen. She underwent emergency pelvic surgery,
which involved open reduction and fixation of her pelvic
fractures with two large screws driven into her sacroiliac joint.
She required emergency surgery to save her leg. Her surgeon
harvested an extensive amount of skin from her back, hip
areas, and right buttock, and surgically grafted it where the
skin was ripped off of her right upper leg (70 x 65 cm). Another
"patch" was grafted below the knee (36 x 21 cm).
7
Ms. Garcia
remained in the hospital until April 27, 2019.
Ms. Garcia continues to experience ongoing pain affecting her
bilateral neck and right upper extremity with associated
numbness, tingling, and weakness. She is unable to do fine
motor skills like buttoning clothing or writing. She is also
unable to lift or reach overhead with her right arm. She reports
“nerve damage” to her right arm and has lost dexterity. She
also reports right mid and low back pain that radiates to the
posterior aspect of the right leg, right knee pain, and right
ankle and foot pain with intermittent swelling. Ms. Garcia
reports throbbing pelvic pain, bilateral hip pain, pulsating
headaches and migraines, left leg and foot pain with
6
Claimant’s Ex. 15, Medical Records; Claimant’s Ex. 12, Deposition Testimonies of Jeffrey Johnson, MD, and
Daniel Dziadosz, MD; Claimant’s Ex. 10, Life Care Plan.
7
Claimant’s Ex. 15, Medical Records; Claimant’s Ex. 12, Deposition Testimonies of Jeffrey Johnson, MD, and
Daniel Dziadosz, MD. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 4
ambulation, left leg numbness, right shoulder pain, pain and
itching at all the skin graft areas, and chest pain. Her pains
are constant and their severity range from 2/10 to 8/10
depending on her activities.
8
As a result of her injuries, Ms. Garcia suffers from the
following long term disabilities:
Decreased ability to perform activities of daily living,
e.g., bathing, toileting, dressing, and eating.
Decreased locomotion.
Decreased external mobility.
Decreased ability to perform household services, e.g.,
inside housework, food cooking and clean-up,
household management, shopping for the household,
and obtaining services for the household.
Decreased ability to participate in personal avocational
activities, e.g., personal hobbies and pastimes.
Decreased cognitive function affecting a loss of
vocational capacities and opportunities.
Decreased physical function affecting a loss of
vocational capacities and opportunities.
Decreased ability to interact or socialize with family,
friends, or acquaintances.
9
A life care plan, prepared for Claimant, based on a life
expectancy of 43 more years, anticipates her future medical
requirements to total $1,431,321, as reduced to present
value.
10
Ms. Catalano’s Future
Medical Expenses
11
Amount
Physician Services $120,603
Routine Diagnostics $24,769
Medications $271,410
Laboratory Studies $10,352
Rehabilitation Services $166,166
8
Claimant’s Ex. 10, Life Care Plan.
9
Claimaint’s Ex. 10, Life Care Plan at 67-68; Claimant’s Ex. 12, Deposition Testimony of Gloria Cruz-Gomez, MD.
The Life Care Plan was prepared by Dr. Gloydian Cruz-Gomez, a Physical Medicine & Rehabilitation specialist,
who has practiced medicine in Florida since 2011. Dr. Cruz-Gomez is certified by the American Board of Physical
Medicine & Rehabilitation, and the American Board of Pain Medicine. Dr. Cruz is also a Certified Life Care
Planner, as designated by the International Commission on Health Care Certification.
10
Claimaint’s Ex. 11, Life Care Plan at 67-68; Claimant’s Ex. 12, Deposition Testimony of Gloria Cruz, MD.
11
Claimaint’s Ex. 11, Life Care Plan Present Value Assessment at 1; Claimant’s Ex. 12, Deposition Testimony of
Gloria Cruz, MD. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 5
Equipment & Supplies $1,666
Nursing & Attendant Care $599,229
Acute Care Services $220,126
TOTAL $1,431,321
Lost Wages
Maria Garcia is unable to work as a result of her injuries.
12
At
the time of the accident, she worked full-time, at least 40 hours
per week, as a stocker in a thrift shop earning minimum wage
of $9 per hour. Ms. Garcia credibly testified that the injuries
prevent her prior plans to open her own cleaning business.
Accounting for the increases in Florida’s minimum wage law,
and assuming Ms. Garcia would have continued to earn only
minimum wage until she reached the age of 62, which is the
age that social security benefits begin, the accident caused
Ms. Garcia to lose approximately $547,968 prior to retirement.
Loss of Enjoyment of Life; Pain and Suffering
Maria Garcia, her daughter, and her sister each credibly
testified at the hearing regarding Ms. Garcia’s quality of life
before and after the accident.
Prior to the accident, Maria Garcia worked full time to provide
for her daughters. She lived an active lifestyle and enjoyed
physical fitness and spending time with her family. During the
hearing, her daughter Claudia Pena testified that her mother
Maria Garcia would often “out-gym” her in workouts before the
crash. Her daughter went on to testify that the daughter has
become the sole financial support for the family now that her
mother can no longer work.
Since the collision, Maria Garcia has frequent daily pain. She
can no longer walk normally or without pain. Ms. Garcia's right
arm never recovered after she left the hospital; it constantly
goes numb and she has no finger dexterity. She has limited
use of her right arm and hand. The grip strength in her right
hand is gone, and she drops things often. She had to use her
left arm to prop up her right arm in order to be sworn in for
testimony at the hearing.
She is limited to standing for about fifteen to twenty minutes
before needing to sit. She uses a cane when she walks. When
12
Testimonies of Claudia Pena, Claudia Kaluzinski, and Maria Garcia. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 6
she goes to the grocery store, she uses a walker or a scooter.
In addition, she periodically suffers anxiety and depression
resulting from this crash.
Maria Garcia cannot lift pots and pans or stay on her feet long
enough to cook. She tries to give her daughters instructions
on how to cook, but her brain injuries often prevent her from
remembering the right ingredients or sequences for preparing
food.
The skin grafts Ms. Garcia received have caused her constant
problems. They have become infected several times, and she
has had to return to the emergency room to have them
treated. On September 24, 2020, she was admitted to a local
hospital (Mease Countryside) because one of the grafts had
cellulitis. Aside from the recurring infections, the grafts are
itchy, expansive, and conspicuous.
13
LITIGATION HISTORY: Litigation and Settlement
On December 30, 2019, Maria Garcia filed a complaint in the
Sixth Judicial Circuit, in and for Pinellas County, against the
Pinellas County School Board. On May 16, 2022, the parties
agreed to a consent judgment in the amount of $3,000,000.
14
On January 27, 2023, a half-day hearing was held before the
House and Senate special masters. Maria Garcia submitted
fifteen exhibits for consideration. With the exception of Exhibit
9, verdict research, which was not provided prior to the
hearing, the exhibits were received without specific objection
by Pinellas County School Board. Pinellas County School
Board objected to the relevance of, and the prejudice caused
by the surprise of, the verdict research information. The
verdict research may be considered by the special masters in
this claim bill hearing and has been considered in this report
to the same extent as any other information available through
independent knowledge and research.
Video deposition testimonies of Maria Garcia’s trauma
surgeon, Dr. Jeffrey Johnson, and her life care planner, Dr.
Gloydian Cruz, were played at the hearing. Dr. Johnson, a
retired Air Force Colonel with tours in Iraq and Afghanistan as
13
Claimant’s Ex. 14, Photographs and Videos; Claimant’s Ex. 15.d., Medical Records from Mease Countryside
Hospital.
14
Claimant’s Ex. 13, Pleadings. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 7
a combat surgeon, stated that Ms. Garcia was “in the sick or
sickest category” of trauma patients.
Maria Garcia, her daughter Claudia Pena, and her sister
Claudia Kaluzinski testified at the hearing regarding Ms.
Garcia’s injuries, her quality of life before the accident, and
her decreased quality of life after the accident.
The Pinellas County School Board did not present any
evidence at the hearing or take a position with regard to the
relief sought through the claim bill for Maria Garcia.
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
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, Maria Garcia alleges Patricia Gavin, who drove
the bus for the Pinellas County School Board that injured Ms.
Garcia, was negligent. The Pinellas County School Board is
liable for a negligent act committed by an employee acting
within the scope of employment. Ms. Gavin was transporting
students to school within the scope of her employment with
Pinellas County School Board. Thus, if Ms. Gavin was
negligent when the bus struck Ms. Garcia, Ms. Gavin’s
negligence is imputed to the Pinellas County School Board.
After completing its investigation, the Florida Highway Patrol
cited Gavin under section 316.130(15), Florida Statutes,
“Failed to Use Due Care Toward Pedestrian.”
15
The Pinellas
County School Board admitted liability and also agreed to a
judgment entered in favor of Ms. Garcia and against the
Pinellas County School Board in the sum of $3 million.
16
No evidence suggests that Ms. Garcia failed to exercise due
care with regard to the accident.
15
Claimant’s Ex. 1, Crash Report.
16
Claimant’s Ex. 13, Defendant Stipulation on Liability, and Consent Judgment. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 8
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.
17
Duty
A motorist has a duty to exercise ordinary, reasonable, and
due care towards a pedestrian.
18
Breach
The video footage shows the bus approaching an
intersection in the rain. The intersection was well-maintained
with bright traffic lights and clearly-marked crosswalks. Maria
Garcia was crossing the street, pursuant to her “walk” signal,
ahead of the bus and traveling in the same direction as the
bus was traveling prior to the bus making the turn.
Though the light was green, the bus driver should have
ensured that no pedestrians were in the crosswalk before
continuing through the turn. Ms. Gavin, and therefore the
Pinellas County School Board, breached its duty of care
toward Maria Garcia.
Causation
Ms. Gavin’s failure to exercise due care directly caused the
school bus to strike Maria Garcia in the crosswalk and the
wheels of the school bus to drive over Ms. Garcia’s body. It
is foreseeable that driving over a pedestrian with a school
bus would subject a survivor to the medical expenses, lost
wages, and pain and suffering experienced by Ms. Garcia.
Damages
The Standard Jury instruction for personal injury guides the
determination of damages for non-economic loss and
includes “any bodily injury sustained by [name] and any
resulting pain and suffering, disability or physical impairment,
17
Williams v. Davis, 974 So.2d 1052, at 1056–1057 (Fla. 2007).
18
Greiper v. Coburn, 190 So. 902 (Fla. 1939). SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 9
disfigurement, mental anguish, inconvenience or loss of
capacity for the enjoyment of life experienced in the past, or
to be experienced in the future. There is no exact standard
for measuring such damage. The amount should be fair and
just, in the light of the evidence.”
19
The evidence presented at the hearing established that, as a
direct consequence of the accident, Maria Garcia suffered
damages in the form of current and anticipated medical
expenses of $1,707,479, lost wages of $547,968, and at
least $744,553 due to pain and suffering, which totals $3
million.
Pinellas County School Board agreed to the consent
judgment of $3 million against the Pinellas County School
Board. This amount is conservative in comparison with other
jury verdicts that have considered similar injuries. The
amount is reasonable in light of Ms. Garcia’s past and
present injuries, her persistent pain and scarring, and her
continuing disabilities as reported through the testimony at
the hearing and the testimony and documentary evidence
prepared by Gloria Cruz-Gomez, MD.
ATTORNEY FEES: Language in the bill states attorney fees may not exceed 25
percent of the amount awarded. Counsel for Maria Garcia
indicates attorney fees will be 25 percent, and lobbying fees
will amount to 8 percent, of the total funds awarded through
the claim bill.
20
It appears from the affidavit of costs and fees
submitted by counsel for Maria Garcia that the lobbying fees
are in addition to the attorney fees.
RECOMMENDATIONS: Based upon the information provided before, during, and after
the special master hearing, the undersigned finds that Maria
Garcia has demonstrated negligence on behalf of the Pinellas
County School Board, and that the amount sought is
reasonable. Based upon the foregoing, the undersigned
recommends that SB 4 be reported FAVORABLY.
19
Fla. Std. Jury Instr. (Civ.) 501.3d, Injury, pain, disability, disfigurement, loss of capacity for enjoyment of life.
20
Claimant’s Ex. 4, Affidavit as to Costs and Fees. SPECIAL MASTER’S FINAL REPORT – SB 4
March 16, 2023
Page 10
Respectfully submitted,
Alex Brick
Senate Special Master
cc: Secretary of the Senate