A potentially precedent-setting $31 million claims bill for a Broward County teen catastrophically injured in a car wreck with a sheriff’s deputy is in deep trouble after a House committee slapped the bill down this afternoon.
The House Criminal & Civil Justice Policy Council tabled the so-called claims bill, amid contentious debate over who would pay the bill -- the Broward Sheriff’s Office or the insurance company that drug its feet in paying the claim.
Eric Brody, now 29, was a Sunrise high school senior involved in a car wreck in 1998 with a Broward sheriff’s deputy running late to work. The accident left Brody in a coma for six months.
Today, he’s wheelchair bound, has severe brain damage and slurred speech that makes him very difficult to understand.
But today’s committee hearing hinged on a point of insurance law: Did the insurance carrier, TIG Insurance Company, act in bad faith when it refused to pay Brody’s claim for years?
The insurance company has hired high-powered lobbyists and lawyers to kill Brody’s bill. Their argument is that, if a judge doesn’t find any bad faith on the part of the insurance company, the Broward Sheriff’s Office would be on the hook for the entire bill.
“My heart goes out to Mr. Brody,” said Rep. Kevin Ambler, R-Tampa. “By the same token, there are huge public policy implications behind what we’re doing.” If the sheriff’s office is forced to pay, there could be a “devastating impact to public safety,” he added. “I feel very uncomfortable voting for it today.”
The committee extended its one-hour meeting twice to air out the Brody bill, but in the end delayed the vote. Midway through the legislative session, that’s a bad sign: any delay can be a death knell, especially in a session with the focus squarely on the budget.
On the other hand, the bill does have a powerful proponent: Rep. Ellyn Bogdanoff, R-Fort Lauderdale. She watched the debate from the audience and has been helping advance it behind the scenes. After 11 years, it’s time to settle the issue, Bogdanoff said.
COMMENTS
1.
The only person or organization responsible is the officer. The BSO had nothing to do with it. The gold-diggers just went after the money.
2.
There is a precedent that he was acting on behalf of the BSO which makes them responsible. I don't like it either, but that is how our lawyers see things.
I would like to find out TGI's reasoning as to why they would not be responsible for this. If it is because the officer was off duty at the time, then BSO should not be responsible, either.
3.
The BSO officer was going over 70mph in a 45mph zone because he was runnning for late for roll call. He had caused a similar accident before, going 80mph in a 55mph zone. This man deserves the money and the insurance company should pay it. That's why the BSO bought the insurance in the first place.
4.
A reasonable settlement would be maybe 500K, but tens of millions of dollars of my tax money?? NO WAY...The stupid gold digging attorneys stand to get 33 1/3 percent of the tax free winnings? HELL NO!
5.
You are missing important journalistic information the public should be aware of, such as was the deputy driving his own vehicle, or a BSO vehicle, does the bill require the insurance company or the BSO to foot the bill, and who are the sponsors of the bill?
6.
A young man's life was destroyed by a BSO officer who should never have been entrusted with a BSO vehicle or been allowed to carry badge. The family has been nearly bankrupted with medical bills and has been struggling to support this young man. How can anyone withhold the money necessary to get him proper care? This is bureaucracy at its absolute worst.
And just an aside, the lawyers fees are capped by state law, so there is no way the lawyer will see anywhere near the 33 1/3 percent as suggested above. That is just more propaganda put forth by the insurance company who breached its obligations to the victim and the BSO. It was required by law to offer the victim the money needed for his care on day 1.
Disgusting.
7.
It is shocking that anyone would think that 500k is adequate consideration for someone who suffered significant brain damage and can no longer walk on his own or speak clearly. The medical bills incurred alone have to be a few million dollars. Then you have to think that the cost of continuing care over his life time are going to be ridiculously expensive. This judgment won't afford this young man the ability to live a life of luxury. Rather, it will enable him to get the services he needs.
It amazes me how ignorant people can weigh in on matters they know nothing about. I am not in a position to say whether the amount awarded to this young man were appropriate, and can't stand when others make judgments without knowing the facts. Clearly a judge and jury with all of the information at their fingertips made a decision that this was the amount necessary to get this young man the services he needs. Who are we to second guess that?
8.
I understand that most officers have drive home vehicles so neighborhoods can prevent maybe some crimes if they see a police vehicle. But I checked records and this officer has done this before, while speeding. His patrol car should of be taken away then cause he is considered a insurance risk, It was not Josh's choice to be struck and seriously hurt by this officer using seriously poor judgement with his actions on the morning of the accident by speeding. Josh didnt know when he woke up that day, that his life wa about to change for the worse and never get better.. And who is to blame the officer cause once the officer puts on his uniform and gets behind the wheel of a dept issued police vehicle then yes he is considered on duty, cause if he witnessed a traffic crime they he can by law pull the person over even if he hasnt got to roll-call, so yes the insurance should pay for all future medical, and pain and suffering, I only wish I was still a FLA resident and this was up for a vote. This officer and the dept along with the insurance company should be held accountable cause it has happened once and then once again same officer and same scenario in a police issued vehicle while speeding...
No comments:
Post a Comment