STORAGE NAME: h6515e.JDC
DATE: 2/23/2022
February 23, 2022
SPECIAL MASTER’S FINAL REPORT
The Honorable Chris Sprowls
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: CS/CS/CS/HB 6515 - Representative McClure
Relief/Christeia Jones/Department of Highway Safety and Motor Vehicles
THIS IS A SETTLED CLAIM FOR $7,500,000 BASED ON AN
AUTOMOBILE ACCIDENT AND INJURIES TO CHRISTEIA
JONES AND HER THREE MINOR CHILDREN AS A
RESULT. RESPONDENT HAS PAID CLAIMANTS $285,0001
PURSUANT TO THE STATUTORY CAP.
FINDINGS OF FACT: This claim bill arises from a multi-vehicle accident on Interstate
75 occurring at 9:25 p.m. on May 18, 2014, south of Ocala,
Florida. After the accident, Florida Highway Patrol Corporal
Wallace Dill prepared a Crash Investigation with diagrams,
laying out how and why the accident occurred.
At the location of the accident, Interstate 75 is a straight, three-
lane interstate highway. The roadway is not illuminated, and the
posted speed limit is 70 miles per hour. On the night of the
accident, the roadway was dry and there were no known adverse
weather conditions.
On the night of the accident, Christeia Jones 2 was travelling
1 The Department of Highway Safety and Motor Vehicles (DHSMV) paid one of the other drivers involved in the accident
$15,000 to settle that driver's claims against DHSMV, leaving the remainder of the statutory cap at $285,000.
2 Christeia Jones lives in Orlando, Florida, with her three sons, Lanard Maybin, Denard Maybin , Jr., and Logan Grant, the
Claimants in this claim bill. Ms. Jones testified at the special master hearing that the father of Lanard and Denard has been
SPECIAL MASTER’S FINAL REPORT--
Page 2
southbound in her 2014 Nissan Altima, in the leftmost inside
lane. That lane is bordered to the left by a paved shoulder with
grooves, beyond which is a steel guardrail. At some point there
is a narrow turnaround through which vehicles can make U-turns
if they enter the area carefully, at which point there is no
guardrail.
Ms. Jones's three sons 3 were also occupants in the car. Logan
Grant, a 2-year-old, Lanard Maybin, a 5-year-old, and Denard
Maybin, Jr., a 7-year-old, were riding in the backseat.
Travelling in the opposite direction on the same interstate was
twenty-year-old Florida Highway Patrol Trooper Raul Umana,
who was on duty in his 2007 Ford Crown Victoria police car. He
was travelling in the rightmost outside lane, having just assisted
a stopped vehicle off the right shoulder. There is a paved 34.5-
foot turnaround area in the median at the area where the
accident occurred. Trooper Umana's dashcam was operating
and captured the incident on camera.
As Trooper Umana neared the turnaround area, he cut left
across two lanes of traffic, proceeded into the leftmost inner lane,
and slowed down to attempt a U-turn.4 While looking at his rear
view mirror, he did not realize how close the U-turn area was.
When he looked back at the road, the U-turn area was rapidly
approaching. He slammed on the brakes and entered the U-turn
area, but his tires slipped on the gravel and he lost control of the
police car. He overshot the U-turn area, crashing into the median
barrier at an unsafe speed. The police car then hit part of the
barrier but continued on into the oncoming southbound leftmost
lane, where Ms. Jones's car was fast approaching.5
As Trooper Umana's police car burst onto her side of the
interstate, Ms. Jones began to brake and steered to the right but
was unable to avoid a collision. At a speed of 9 miles per hour,
the police car struck Ms. Jones's car as she was travelling at 62
miles per hour. A third vehicle following closely behind Ms.
Jones's car struck her car from behind, causing her car to drift
into the center southbound lane. A fourth vehicle, a tractor trailer,
careened into Ms. Jones's car from behind, crushing the trunk
and rear seating area where her three sons were riding. The car
incarcerated for most of their lives and does not have contact with Lanard and Denard. Logan Grant's father helps "as much
as he can." Ms. Jones completed her bachelor's degree in criminal justice in 2017 but is unable to pursue a career with the
degree because of her childcare responsibilities, which include taking her children to their frequent medical and therapy
appointments. At the time the special master hearing was held, she was employed as an Orange County substitute teacher
but wanted to pursue more opportunities in the criminal justice field.
3 Throughout this report, "Claimants" refers to Ms. Jones and her three sons. At times, each of the sons is referred to by his
given name in order to distinguish each Claimant's claims.
4 Trooper Umana stated under oath that the reason he decided to make a U-turn to get onto Interstate 75 southbound was
that his shift was nearly over and he wanted to get closer to his exit for home.
5 The record indicates that Ms. Jones was travelling at 88 miles per hour before she beg an to brake. None of the interviewed
witnesses reported that Ms. Jones or the other two drivers involved in the accident were speeding, and there was evidence
suggesting that the other vehicles on the roadway were travelling at similar speeds . I find that even though Ms. Jones was
travelling 88 miles per hour, it was a reasonable speed considering the flow of traffic on Interstate 75 at the time.
SPECIAL MASTER’S FINAL REPORT--
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was propelled off the road where it struck a tree and caught fire,
finally coming to rest off the right shoulder in the grass, 143 feet
from where the tractor trailer collided with the car.
First responders arrived on the scene and extinguished the fire.
Ms. Jones exited her vehicle and sustained only minor injuries,
but her three sons were trapped inside the vehicle and required
extraction by fire rescue personnel.6 All three sons sustained
critical injuries and were flown by helicopter to the trauma center
at Shands Hospital in Gainesville.
After a thorough investigation, FHP concluded that Trooper
Umana's negligence caused the crash, and he was cited for
careless driving.
Trooper Umana later acknowledged fault for the accident,
admitting under oath that his speed was too high as he entered
the U-turn area. Ms. Jones, through her attorney, refused to
make a sworn statement after the accident.
Seat Belt Issue
Ms. Jones was wearing a seat belt when the accident occurred.
Less clear is whether Denard and Lanard Maybin, and Logan
Grant, were properly restrained.
At the special master hearing, Ms. Jones testified that she
buckled all three of her children into their seats before driving her
car onto the interstate, and that:
Logan was restrained in a child car seat facing forward,
in the back behind the passenger seat;
Denard was on the left side behind the driver's seat; and
Lanard was in the middle.7
FHP's Investigative Report indicates that after the accident, Ms.
Jones made spontaneous statements that all her children were
wearing their seat belts. In response to interrogatories, Ms.
Jones stated that when she began the trip, all three boys were
buckled; but that she did not know if Denard and Lanard still had
their belts on when the crash occurred.
Trooper S. Crocker, an officer arriving at the scene of the crash,
stated that after the crash he observed Lanard Maybin in the
back seat, not wearing a seat belt, with his head pinned between
the center console and the rear seat. He also observed Denard
Maybin lying on the rear left floor of the vehicle, also not wearing
a seat belt. The Shands Hospital intake form indicates hospital
staff believed Logan Grant was "travelling unrestrained in the
back seat" at the time of the accident.
6 Ms. Jones testified at the special master hearing that she was drifting in and out of consciousness after the accident. She
remembers her car being on fire.
7 When questioned at the special master hearing, Ms. Jones stated she did not know whether her children might have
unbuckled themselves, but as far as she knew, they were restrained during the time leading up to the accident.
SPECIAL MASTER’S FINAL REPORT--
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Denard Maybin's Medical Treatments
Seven-year-old Denard lost consciousness during the accident
and was intubated at the scene. He was flown to Shands
Hospital immediately and diagnosed with traumatic brain injury.
He was discharged to rehabilitation in stable condition sixteen
days later, on June 3, 2014, with diagnoses of traumatic brain
injury, subdural hematoma,8 and diffuse axonal injury.9
Lanard Maybin's Medical Treatments
Five-year-old Lanard was flown to Shands immediately, where
he was admitted in critical condition with diagnoses of facial
laceration, spleen laceration, lung contusion, and shoulder
injury. He underwent plastic surgery for facial reconstruction. He
was discharged to his home in good condition four days after
admission, on May 22, 2014.
Logan Grant's Medical Treatments
Two-year-old Logan was intubated at the accident site and
immediately flown to Shands, where he was diagnosed with
subdural hematoma. He was discharged thirty days later, on
June 17, 2014, in good condition with instructions to enter a
rehabilitation facility the same day. Discharge diagnoses
included:
Severe traumatic brain injury.
Left hemiparesis.10
Nerve palsy.
Diffuse axonal brain injury.
Head trauma.
Respiratory failure following trauma and surgery.
Extensive facial fractures.
Current Status
The three minor child Claimants are currently enrolled in a
Medicaid plan, which covers some costs but does not cover all
of the services recommended in their life care plans.
LITIGATION HISTORY: On January 25, 2017, Christeia Jones filed a complaint against
the Florida Highway Patrol (FHP), a division of the Florida
8 A subdural hematoma occurs when a blood vessel near the surface of the brain bursts, causing blood to collect between
the brain and the brain's outer lining. A subdural hematoma can be life -threatening. See Harvard Health Publishing,
Subdural Hematoma, https://www.health.harvard.edu/a_to_z/subdural-hematoma-a-to-z.
9 Diffuse axonal injury is the tearing of the brain's long connecting nerve fibers. It occurs when the brain is injured as it
shifts and rotates inside the skull. See Johns Hopkins Medicine, Traumatic Brain Injury,
https://www.hopkinsmedicine.org/health/conditions-and-diseases/traumatic-brain-injury.
10
Hemiparesis refers to weakness or inability to move on one side of the body. See American Stroke Association,
Hemiparesis, https://www.stroke.org/en/about-stroke/effects-of-stroke/physical-effects-of-stroke/physical-
impact/hemiparesis.
SPECIAL MASTER’S FINAL REPORT--
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Department of Highway Safety and Motor Vehicles (DHSMV)
("Respondent"), for the injuries sustained by her sons, Logan
Grant, Denard Maybin, Jr., and Lanard Maybin. The complaint
alleged that Trooper Raul Umana was negligent in the operation
of his patrol car, causing the crash.
The parties attended court-ordered mediation on November 30,
2018. Claimants estimated the reasonable settlement value of
the combined claims at $42.5 million, but the parties ultimately
settled for a total of $18 million. The agreement required
Respondent to pay its remaining sovereign immunity limits upon
court approval of the settlement, with the remaining $17,715,000
to be pursued through a claim bill. The agreement also required
Respondent to remain silent and not oppose a claim bill. On June
24, 2019, the circuit judge entered a sealed order approving the
settlements of the minors' claims.
After the special master hearing but before the claim bill was
placed on agenda for the 2020 Legislative Session, the parties
agreed to reduce the amount of the claim to $9,000,000. The
claim bill was refiled for the 2021 and 2022 Legislative Sessions
in the original amount of $17,715,000.
On January 27, 2022, the claim bill was amended in the Civil
Justice and Property Rights Subcommittee to reflect a newly-
settled amount of $7,500,000, minus payments required to
satisfy certain outstanding Medicaid liens. On February 17,