Title: Relief/Wohlgemuth/Pasco County Sheriff's Office

Summary: Compensates Jennifer Wohlgemuth whose injuries were due to the negligence of the Pasco County Sheriff's Office. Provides a limitation on the payment of fees and costs, etc. CLAIM:

Full Text:
WHEREAS, as Jennifer approached the intersection at Ridge Road, she slowed down as she entered the intersection on a green light. As Jenni fer s vehicle proceeded through the intersection, it was suddenly and violently struck by a vehicle from the Pasco County Sheriff s Office which was driven by Deputy Kenneth Petrillo, and WHEREAS, Deputy Petrillo was driving the fourth law enforcement vehi cle engaged in a high-speed pursuit. However, Deputy Petrillo s vehicle was well behind the other vehicles that had cleared the intersection. Without his siren or flashing lights activated, he drove through a red light as he traveled eastbound on Ridge Roa dat a speed greater than miles per hour in excess of the posted speed limit and struck the passenger side of Jennifer s vehicle, and WHEREAS, none of the numerous witnesses to the crash heard Deputy Petrillo s siren or saw flashing lights, and after th e WHEREAS, an internal affairs investigation into the accident found that Deputy Petrillo violated the policies of the Pasco County Sheriff s Office, and he was suspended for days without pay and subjected to other disciplinary measures, and WHEREAS, Jennifer suffered profound brain injuries, including a subdural hematoma of the right frontal lobe and subarachnoid hemorrhage. Due to her brain swelling, part of Jennifer s skull was removed. Jennifer was in a coma for weeks and could not speak for several months thereafter, and WHEREAS, Jennifer was unable to return home until August, 2005. As a result of the accident, she currently suffers from severe memory loss, partial loss of vision, lack of balance, urinary problems, anxiety, depression, dysarthric speech, acne, and weight fluctuations. Due to damage to her frontal lobe, Jennifer s behavior and impulse control are similar to those of a 7-year-old child. She requires supervision hours a day, 47 days a week. Because of her significant memory impairment and lack of judgment, Jennifer is unable to drive, work at a job, or live independently, and WHEREAS, a-day bench trial was held in the Sixth Judici al Circuit, and on March 12, 2009, the trial court rendered its verdict in Jennifer s favor, awarding total damages of $9,141,267.32, and WHEREAS, the court found that Deputy Petrillo was 55 percent responsible for Jennifer s injuries and that Jennifer was responsible for the remaining percent due to her alleged failure to wear a seat belt. On August 4, 2009, the trial court WHEREAS, the Pasco County Sheriff s Office appealed the amended final judgment to the Second District Court of Appeal. Both sides filed appellate briefs, and oral arguments were heard on March 2, 2010. On March 10, 2010, the Second District Court of Appeal affirmed the trial court s final judgment, and WHEREAS, according to s. 768.28, Florida Statutes, the Pasco County Sheriff s Office paid the statutory limit of $100,000, and $8,624,754.40 remains unpaid,NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Pasco County Sheriff s Office is authorized and directed to appropriate from funds of the sheriff s office not otherwise appropriated and to draw a warrant, payable to Jennifer Woh lgemuth, for the amount of $ 8,624,754.40 for injuries and damages sustained due to the negligence of an employee of the sheriff s office. Section 3. The amount paid by the Pasco County Sheriff s Office pursuant to s. 768.28, Florida Statutes, and the amo unt awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in the injuries to Jennifer Wohlgemuth. The total amount paid for attorney  sfees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed percent of the Florida Senate-2011 (NP) SB 29-00058-11 201150__ Section 4. This act shall take effect upon becoming a law.