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
3/24/23 SM Favorable
JU
CA
RC
March 24, 2023
The Honorable Kathleen Passidomo
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 6 – Senator Rodriguez
HB 6011 – Representative Porras
Relief of Jason Sanchez
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTEST ED CLAIM BILL FOR LO CAL
FUNDS IN THE AMOUNT OF $950,000 BASED ON A
SETTLEMENT AGREEMENT BETWEEN THE ESTATE OF
JASON SANCHEZ AND MI AMI-DADE COUNTY WHIC H
RESOLVED A CIVIL ACT ION THAT AROSE FROM THE
NEGLIGENT OPERATION OF A COUNTY BUS CAUS ING
THE DEATH OF JASON SANCHEZ.
FINDINGS OF FACT: On May 13, 2019, at approximately 7:49am, Jason Sanchez
was driving his motorcycle heading north on SW 107
th
Ave. in
Miami-Dade County, Florida. At the intersection of 107
th
Ave.
and 176
th
St., Alcides Puello, who was operating a Miami-
Dade County bus, rolled through a stop sign while making a
left hand turn from 176
th
St. onto 107
th
Ave. This action placed
the bus which Mr. Puello was operating directly in the path of
Mr. Sanchez’s motorcycle and, although Mr. Sanchez took
evasive action, his motorcycle collided with the side of the
bus. This collision and the resulting injuries caused Mr.
Sanchez’s death at the scene of the accident.
At the time the accident occurred, it was morning and the
weather was warm, clear, and dry. There was a posted speed SPECIAL MASTER’S FINAL REPORT – SB 6
March 24, 2023
Page 2
limit of 30mph and the roadway was dry with paved shoulders
and concrete curbing. The roadway was also free of obvious
defects or obstructions which would have affected the
collision.
Miami-Dade Police were called to the scene and the incident
was investigate by the traffic homicide unit. Detective
Jonathan Mesa filed the traffic homicide report and concluded
that the accident was caused by Mr. Puello due to Mr. Puello
failing observe Mr. Sanchez approaching the intersection,
failing to make a complete stop at the posted stop sign, and
subsequently failing to yield the right-of-way to Mr. Sanchez.
Additionally, bus surveillance video footage shows Mr. Puello
failing to come to a complete stop at that stop sign, as well as
the three previous stop signs he encountered.
Mr. Sanchez was pronounced deceased at the scene and was
subsequently transported to the Miami-Dade Medical
Examiner’s Office. The cause of death was determined to be
multiple blunt force trauma as a result of the crash.
Additionally, toxicology tests revealed that Mr. Sanchez was
not under the influence of drugs or alcohol at the time of the
accident.
Mr. Sanchez is survived by his mother, Jaqueline Abreu, and
his father, Manuel Sanchez. They are divorced and Mrs.
Abreu is remarried. Both parents, as well as Mr. Sanchez’s
brother, testified at the hearing that the family was very close.
In fact, Mr. Sanchez was living with his father at the time of
the accident and Manuel Sanchez stated that Jason would
help around tasks around the house and help buying food and
other household items. Both are citizens of the United States.
Mrs. Abreu has no criminal history while Manuel Sanchez was
convicted of a drug related felony in 1987 for which he served
five years in prison.
LITIGATION HISTORY: On September 17, 2019, Mrs. Abreu filed a complaint as the
representative of the estate of Jason Sanchez with the
Eleventh Judicial Circuit Court for Miami-Dade County. The
complaint alleged that Mr. Sanchez’s death was caused due
to a reckless maneuver by Mr. Puello which caused the bus
that Mr. Puello was driving to unlawfully obstruct oncoming
traffic. Miami-Dade County’s initial answer to the complaint,
filed on November 20, 2019, generally denied liability for Mr. SPECIAL MASTER’S FINAL REPORT – SB 6
March 24, 2023
Page 3
Sanchez’s death, however, on June 25, 2021, Miami-Dade
County responded to the plaintiff’s request for admissions the
county admitted to the facts that Mr. Puello had failed to come
to a complete stop at the stop sign and failed to yield the right
of way to Mr. Sanchez.
On April 26, 2022, the plaintiff and Miami-Dade County
entered into a settlement agreement. The County agreed to
pay $1.25 million to the estate of Jason Sanchez, on behalf of
the survivors Mrs. Abreu and Manuel Sanchez. The plaintiff
agreed to release all claims for the accident and Miami-Dade
County agreed not to oppose the claim bill. Although in the
settlement agreement, Miami-Dade County stated that it
denied liability and was simply settling to avoid litigation, at
the hearing the attorney for the County, Mr. Grob, stated that
the County has admitted to negligence in the matter.
Additionally, Mr. Grob stated that any amount of comparative
negligence on the part of Mr. Sanchez in causing the accident
had been taken into account when drafting the settlement.
As part of the settlement, Ms. Abreu and Manuel Sanchez
agreed to set aside sufficient funds to pay any and all
Medicare and Medicaid bills, claims, penalties, interest fines,
and liens as necessary. In the hearing the attorney for the
plaintiff, Mr. McCarron, stated that there are no outstanding
liens or debts that need to be paid. The county has paid the
statutory maximum amount of $300,000 leaving the remaining
$950,000 to be paid should the claim bill pass.
CONCLUSIONS OF LAW: Section 316.123, F.S., requires a driver of a vehicle
approaching a stop intersection indicated by a stop sign to
stop before entering the intersection. After stopping, the driver
is to yield the right-of-way to any vehicle which … is
approaching so closely on the highway as to constitute an
immediate hazard during the time when the driver is moving
across or within the intersection. Mr. Puello had a statutory
duty to yield the right-of-way to Mr. Sanchez’s vehicle, which
he negligently failed to do. This breach was the direct cause
of the collision between the two vehicles which resulted in Mr.
Sanchez’s death.
Under the doctrine of respondeat superior, Miami-Dade
County is vicariously liable for the negligence of its agents and
employees, when such acts are within the course and scope SPECIAL MASTER’S FINAL REPORT – SB 6
March 24, 2023
Page 4
of the agency or employment. See Mallory v. O'Neil, 69 So.2d
313 (Fla.1954), and s. 768.28, F.S. At the time of the accident,
Mr. Puello was an employee of Miami-Dade County who was
acting within the course and scope of his employment and
operating a county vehicle which caused the collision and
resulting death. Accordingly, the negligence of Mr. Puello is
attributable to Miami-Dade County.
The amount of $1.25 million in damages is agreed to by
settlement and are reasonable damages. The Florida
Wrongful Death Act in s. 768.21(4), F.S., allows parents of
adult children to recover for pain and suffering as long as
there are no other survivors as is the case here. Additionally,
the Act in s. 768.21(5) and (6), allows recovery for funeral
expenses and lost wages. Section 768.28, F.S., limits
recovery to $300,000 and without passage of this claim bill,
the full amount of the settlement cannot be paid.
ATTORNEY FEES: Section 768.28(8), F.S., states that no attorney may charge,
demand, receive, or collect for services rendered, fees in
excess of 25 percent of any judgment or settlement.
Claimant’s counsel, the Haggard Law Firm, has submitted an
affidavit that its fees, as well as the lobbying fees, costs, and
other similar expenses relating to this claim will not exceed 25
percent of the total amount awarded under the claim bill.
RECOMMENDATIONS: Based upon the foregoing, I recommend that Senate Bill 6 be
reported FAVORABLY.
Respectfully submitted,
Daniel Looke
Senate Special Master
cc: Secretary of the Senate