11-004103CB In Re: Senate Bill 52 (Manuel Antonio Matute) vs. * Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 28, 2012.

THE FLORIDA SENATE

SPECIAL MASTER ON CLAIM BILLS

Location

40 2 Senate Office Building

Mailing Address

404 South Monroe Street

Tallahassee, Florida 32399 - 1100

(850) 487 - 5237

DATE COMM ACTION

11/9 /11 SM Favorable

November 9, 2011

The Honorable Mike Haridopolos

President, The Florida Senate

Suite 409, The Capitol

Tallahassee, Florida 32399 - 1100

Re : SB 52 (2012) Î Senator Joe Negron

Relief of C h ris s Matute, Christian Manuel Torres, Eddna Torres De

Mayne, Lansky Torres, and Nasdry Yamileth Torres Barahona

SPECIAL MASTERÓS FINAL REPORT

THIS IS AN UNOPPOSED CLAIM FOR $371,850.9 8 IN

LOCAL FUNDS BY EDDNA TORRES DE MAYNE, AS

PERSONAL REPRESENTAT IVE OF THE ESTATE OF HER

FATHER, MANUEL A. MATUTE. THE CLAIM IS BASED ON

A COURT - APPROVED SETTLEMENT AGREEMENT

BETWEEN DE MAYNE AND THE PALM BEACH

SHERIFFÓS OFFICE TO COMPENSATE THE ESTAT E FO R

MR. MATUTEÓS DEATH, WHICH OCCURRED IN A CAR

ACCIDENT CAUSED BY A PALM BEACH DEPUTY

SHERIFF.

FINDINGS OF FACT: On Oct ober 29, 2008, just before sunrise, Deputy Sheriff

Geral Ramirez was returning home after his shift, driving

northbound on US highway 441. At the same time, travelling

southbound on the same highway, Mr. Matute, age 60, was

on his way to work as a maintenance man at a golf club.

Deputy Ramirez fell asleep at the wheel and lost control of

his police cruiser, allowing it to cross the rai s ed concrete

median, and crash head - on into Mr. MatuteÓs van.

Mr. Matute was wearing his seatbelt at the time of the crash,

but was killed in the collision. The collision caused Mr.

MatuteÓs van to hit a third vehicle driven by Orlando

SPECIAL MASTERÓS FINAL REPORT Î SB 52 (2012)

November 9, 2011

Page 2

Cordova. Mr. Co rdova and his passenger, Dhalid Johnson,

were injured in the collision. Mr. MatuteÓs van also hit a

fourth vehicle drive n by Robert Morgan, who was not injured.

All four vehicles were totaled or damaged.

Deputy Ramirez admitted to Fire Rescue and a Serg eant at

the scene of the accident that he had fallen asleep while

driving. He suffered minor injuries from the collision , and was

ultimately disciplined. He remains employed with the Palm

Beach SheriffÓs Office.

Mr. Matute was the f athe r of five children. Two adult

daughters live in Honduras with their children. Two adult

sons live in Palm Beach County, as well as a minor son,

C h riss, age 15, who is a high school student.

LITIGATION HISTORY: On July 21, 2009, in the circuit court for the Fifteenth Judicial

Circuit, Claimant brought a wrongful death action against the

Palm Beach SheriffÓs Office. The complaint alleged that

Palm Beach County was vicariously liable for Mr. MatuteÓs

fatal injurie s sustained as a result of Deputy RamirezÓs

negligent operation of a Palm Beach SheriffÓs Office vehicle.

On January 4, 2011, the parties successfully reached a

mediated settlement in the amount of $500,000.00. The

Palm Beach SheriffÓs Office admitted l iab ility , and admitted

that Mr. Matute was in no way responsible or comparatively

n egligent . Pursuant to the terms of the settlement, the Palm

Beach SheriffÓs Office agreed to tender $128,149.02 to the

Claimant upon the approval of the court. Palm Beach

S heriffÓs Office further agreed not to oppose a claim bill in

the amount of $371,850.98.

The Palm Beach SheriffÓs Office also settled claims that had

been filed by Mr. Cordova, Mr. Johnson, and Mr. Morgan.

Mr. Cordova received $40,000.00, Mr. Johnson rec eived

$22,000.00, and Mr. Morgan received $9,850.98 .

Following the approval of the settlement agreement by the

circuit court, Palm Beach SheriffÓs Off ice tendered

$128,149.02 to Claimant. Twenty - five percen t of the amount

paid was de ducted for attorney's fees and costs.

SPECIAL MASTERÓS FINAL REPORT Î SB 52 (2012)

November 9, 2011

Page 3

CLAIMANTÓS POSITION: The Palm Beach SheriffÓs Office is vicariously liable for the

negligence of its employee, who negligently operated a Palm

Beach SheriffÓs Office vehicle.

RESPONDENT'S POSITION: The Palm Beach SheriffÓs Office accepts full responsibility for

the fatal crash. Palm Beach SheriffÓs Office does not

support or object to the passage of this claim bill.

CONCLUSIONS OF LAW: The claim bill hearing was a de novo proceeding for the

purp ose of determining, based on the evidence presented to

the Special Master, whether the Palm Beach SheriffÓs Office

was liable in negligence for the death of Mr. Matute and, if

so, whether the amount of the claim is reasonable.

The evidence clearly demonst rates that Deputy Ramirez lost

control of his police cruiser, crashed head - on into Mr.

MatuteÓs van, and caused Mr. MatuteÓs fatal injuries.

The Palm Beach SheriffÓs Office, as Deputy RamirezÓs

employer, is liable for his negligent act. Mercury Motors

Ex press v. Smith , 393 So. 2d 545, 549 (Fla. 1981) (holding

that an employer is vicariously liable for compensatory

damages resulting from the negligent acts of employees

committed within the scope of their employment); see also

Aurbach v. Gallina , 753 So. 2d 60, 62 (Fla. 2000) (holding

that the dangerous instrumentality doctrine "imposes strict

vicarious liability upon the owner of a motor vehicle who

voluntarily entrusts that motor vehicle to an individual whose

negligent operat ion causes damage to another") .

The undersigned concludes that the sum the Palm Beach

SheriffÓs Office has agreed to pay the Claimant is both

reasonable and fair.

LEGISLATIVE HISTORY: This is the first claim bill presented to the Senate in this

matter.

ATTORNEYS FEES: The ClaimantÓs attorneys have agreed to limit their fees to 25

percent of any amount awarded by the Legislature in

compliance with s. 768.28(8), Florida Statutes. No lobbyist

fees will be paid.

SOURCE OF FUNDS: If Senate Bill 52 is approved, the Palm Beach County

SheriffÓs Office will pay the claim from a liability reserve

funded from the SheriffÓs annual budget.

SPECIAL MASTERÓS FINAL REPORT Î SB 52 (2012)

November 9, 2011

Page 4

RECOMMENDATIONS: For the reasons set forth above, the undersigned

recommends that Senate Bill 52 (2012) be reported

FAVORABLY.

Respectfully submitted,

Jessica Enciso Varn

Senate Special Master

cc: Senator Joe Negron

Debbie Brown , Interim Secretary of the Senate

Counsel of Record