07-004293CB In Re: Senate Bill 56 (Schneidine Theogene) vs. * Status: Closed DOAH Final Order on Friday, May 2, 2008.

Summary: An unopposed claim based on a court-approved mediated settlement for $2.4 million in funds of Mami-Dade Transit Authority to compensate Petitioner for quadriplegia suffered when a Miami-Dade County bus ran a red light is recommended favorably.

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A venue. After the light turned gr een, Ms. Coicou followed the firs t

vehicle and proceeded through the intersec tion, when a Miami -

Dade bus traveling southbound on Northwest 7th Avenue collided

with the minivan.

A Florida-licensed professional engineer, who is an accredited

traffic accident reconstruction ex pert with 34 years of professional

experience, Miles E. Moss, dete rmined that the bus was moving

at a speed of 25 to 30 mphat t he time of impact, and that the

traffic signal timing gave the bus driver a yellow signal when the

bus was 369 to 501 feet, or 10.1 to 11.4 seconds away from

impact; that the bus driver received a red traffic signal at 223 to

325 feet, or 6.1 to 7.4 seconds before impact; and that the bus

driver's failure to stop at the re d signal was the sole cause of the

collision. Finally, Mr. Moss determined that Schneidine was

strapped in a seatbel t, but due to her size, the force of the impact,

and the crash dynamics, she came out of the seatbelt and was

partially ejected from the minivan. Had she not been using a

seatbelt, Mr. Moss opined that Sc hneidine would have been full y

ejected as the vehicle rolled over and would have come to rest a t

an entirely different location aw ay from the bus and the minivan.

In the absence of any evidence to the contrary, Mr. Moss' repor t

is accepted as an accurate re construction of the accident.

Schneidine was hospitalized at Jackson Memorial Hospital from

November 24, 2004, through Fe bruary 10, 2005, for traumati c

brain injury from a frontal skull fracture and hemorrhagi c

contusion that caused her to be comatose for approximately one

and a half months; for bilate ral lung contusions; bilateral

mandible (jaw bone) fractures; a seventh rib fracture; and a

fracture of her right forearm. When first airlifted to the trauma

center, she underwent aggressive resuscitation, including an

emergency tracheotomy with mech anical ventilation, her ja w

bone was wired, and her arm was placed in a splint and traction.

Schneidine subsequent ly had surgery for a feeding tube to be

inserted in her abdomen.

From February 10, 2005, throug h February 25, 2005, Schneidine

was an inpatient at the Jackson Memorial Rehabilitation Center,

primarily for her mother to receive training for feeding, skin care,

medication administration, transf ers, mobility and spasticit y

(contracted muscles) management . Schneidine was transferred

back to Jackson Memorial Hosp ital from February 25, 2005

through March 4, 2 005, for a laryngoscopy and bronchoscopy t o

evaluate and ultimately remove the tracheotomy tube, and to be

SPECIAL MASTER’S FINAL REPORT – SB 56 (2008) T

March 25, 2008

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discharged home. The Public Heal th Trust of Miami-Dade Count y

that operates Jackson Memorial Hospital incurred chargesin

excess of $482,454.06 for the care of Schneidine.

Schneidine requires 24-hour care . Sharon Griffin, a Vocational

and Rehabilitation Coun selor, evaluated Schnei dine's injuries and

prepared a life care plan for esti mated future health and medical

care costs in a range, dependi ng on treatment options, from

$27,555,901 to $36, 672,892. Economis t Thomas Gamboa,

Ph.D., evaluated the life care pl an and offset the expected long-

term rise in medical care costs by the expectation that any funds

will be held in conservative inve stments, for example, in 91-da y

Treasury bills, and reduced the life care plan to a range between

$22,428,719 and $29,643,361.

LITIGATION HISTORY: In December 2005, a suit for damages was filed on behalf o f

Schneidine in the Circuit Court fo r Dade County. Under the terms

of a court-approved settlement agreement, the Claimant will

receive $4 million dollars from insurance companies, $100,000

from Miami-Dade County , and, if the claim bill is approved, an

additional $2.4 millio n dollars that has been set aside in Miami-

Dade Transit Au thority reserves, for a total settlement of $6.5

million. The court-appointed guar dian ad litem also agreed tha t

the settlement agreement was re asonable, including attorneys'

fees of 25 percent pl us costs, and lobbyist s' fees of 6 percent.

CLAIMANT’S POSITION: The claim bill should be approv ed based on the court-approved

settlement. Clear liability was established by the bus videotape

and the analysis by the accident reconstruction expert. The

settlement is well below the funds needed for Schneidine's care in

light of her cata strophic injuries.

COUNTY’S POSITION: The countysupports the claim bill , and does not dispute the video

surveillance and other ev idence that the bus dr iver ran a red light.

Had it prepared for trial, the countywould have examined more

closely the following issues: (1) whether Schneidine was fastened

in a seatbelt, and (2) whethe r her estimated life expectanc y

should be lower.

CONCLUSIONS OF LAW: There is competent substant ial evidence to support a

conclusion that Miami-Dade Count y owed a duty of care that

was breached when its bus driver ran a red traffic signal,

directly and proximately caus ing the Claimant’s permanent

and severe injuries.

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March 25, 2008

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ATTORNEY’S FEES AND In compliance with Section 768. 28(8), Florida Statutes, but

LOBBYIST’S FEES: not with Section 3 of this clai m bill, Claimant’s attorney has

submitted a closing statement affirming that the attorney’s

fees are 25 percent of the amount of the aw ard, and that the

lobbyists' fees are an additional 6 percent. The Claimants have entered into an agreement to pay costs that was

approved by the guardian and th e court. Costs are expected

to range between $25,783.29, th e amount as of January 15,

2007, to $75,783.29 by the end of the claim bill process.

LEGISLATIVE HISTORY: This is the first time that a claim bill has been filed to compensate Schneidine Theogene.

RECOMMENDATIONS: For the reasons set forth in this report, I recommend that

Senate Bill 56 (2008) be reported FAVORABLY.

Respectfully submitted,

Eleanor M. Hunter

Senate Special Master

cc: Senator Dave Aronberg

Representative Carlos Lopez-Cantera

Faye Blanton, Secr etary of the Senate

House Committee on Constitution and Civil Law

Mark Kruse, House Special Master

Counsel of Record