STORAGE NAME: h6007e.JDC
DATE: 4/19/2023
April 19, 2023
SPECIAL MASTER’S FINAL REPORT
The Honorable Paul Renner
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: CS/HB 6007 - Representative Abbott
Relief/Molly Parker/Department of Transportation
THIS IS AN UNCONTESTED EXCESS JUDGMENT CLAIM
FOR $5.95 MILLION BASED ON A SETTLEMENT
AGREEMENT IN WHICH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AGREED TO COMPENSATE THE
ESTATE OF MOLLY PARKER A TOTAL AMOUNT OF $6.25
MILLION RELATING TO THE DEATH OF AND INJURIES
SUSTAINED BY MOLLY PARKER BECAUSE OF THE
DEPARTMENT’S NEGLIGENCE. THE DEPARTMENT OF
TRANSPORTATION HAS PAID THE STATUTORY LIMIT OF
$300,000.
FINDINGS OF FACT: On December 12, 2019, at approximately 9:16 a.m., a dump
truck registered to the Florida Department of Transportation
(FDOT) in Tallahassee, fully loaded with dirt weighing over
40,000 pounds, was traveling south on County Road 167 in
Jackson County. The FDOT dump truck pulled out from its stop
sign at CR 167 to cross SR 2 and violated the right of way of a
sport utility vehicle (SUV) causing a “T-bone” type collision with
the SUV. The collision resulted in severe injuries and the death
of Molly Parker, a resident of Santa Rosa Beach, Walton County,
Florida.
SR 2 runs east-west; CR 167 intersects SR 2 and runs north-
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south. There are stop signs and stop bars/stop lines on CR 167
on each side of its intersection with SR 2. The stop sign is
approximately forty feet behind the stop bar/stop line. Both roads
are straight, flat, paved two-lane roadways.
Molly Parker was wearing her seatbelt at the time of the collision
and was not under the influence of any substances, was not
using her cell phone, and was not otherwise distracted while
driving her SUV. Mrs. Parker was not driving at an excessive
speed; the speed limit posted on SR 2 was 55 miles per hour.
At the time of the collision, the FDOT dump truck – a yellow 2005
Sterling Industrial Corp. LT 7500 Dump Truck – was being driven
by an FDOT employee, Jesmond Russ. Mr. Russ was driving the
dump truck in his capacity as an employee of the FDOT
transporting loads of dirt from the dirt stockpile in Malone,
Florida, to the FDOT maintenance yard in Marianna, Florida. Mr.
Russ was wearing his seatbelt and was not under the influence
of drugs or alcohol at the time of the collision. There were no
visual obstructions that would have obstructed the view of
vehicles traveling eastbound and westbound on SR 2. The
roadway was safely designed, properly constructed, and
adequately maintained. The weather conditions on the day of the
collision were daylight with cloudy skies and visibility of around
10 miles; no environmental conditions contributed to the
collision.
Molly Parker had to be extricated from her SUV with the aid of
the “jaws of life.” Mrs. Parker suffered critical injuries from the
collision including complex comminuted depressed left cranium
skull fractures, severe traumatic brain injury, extensive mid-face
fractures, a fractured sternum, several broken vertebrae, bruised
lungs, a bruised kidney, and a break in her right foot as a result
from depressing the brake with her foot at the time of impact.
Mrs. Parker was transported by helicopter to Dothan, Alabama
where she underwent emergency brain surgery. Mrs. Parker
remained in the hospital in Dothan in a coma for ten days
following the accident. Mrs. Parker never recovered from her
coma and died on December 22, 2019, from the injuries she
suffered in the collision.
Florida Highway Patrol (FHP) Investigation
The FHP conducted a traffic homicide investigation of the
collision and determined the facts cited above. FHP determined
that the FDOT dump truck entered the intersection when unsafe
and into the path of Mrs. Parker’s SUV. Mr. Russ, the driver of
the dump truck, was in violation of s. 316.123(2)(a), F.S., and
was the sole cause of the crash and all property damage as well
as the injuries and death of Mrs. Parker.
Molly Parker (Claimant)
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Molly Parker was 39 years old at the time of her death. She was
married to Tom Parker, with whom she shared one child (“A.P.”).
The family lived in Santa Rosa Beach, Florida. Mrs. Parker
worked as a professional photographer doing real estate,
portrait, nature, and family photography.
The claimant’s estate has an outstanding subrogation lien for
medical bills of $159,624.44.
At the time of her death, Mrs. Parker had a remaining work life
expectancy of 27.61 years. Based upon prior tax and wage
records, the claimant’s lost earnings, when adjusted to reflect
present value, are estimated at $3,040,393.
LITIGATION HISTORY: On December 11, 2020, Thomas James Parker, as the personal
representative for the Estate of Molly Parker (Claimant), filed a
complaint against the Florida Department of Transportation
(Respondent) in the Second Judicial Circuit in Leon County,
Florida. The complaint was filed on behalf of Mr. Parker and his
minor son, A.P., pursuant to ss. 768.16-768.26, F.S., the “Florida
Wrongful Death Act.” The complaint alleged that the death of
Molly Parker caused permanent and continuing harm and
damages to Mr. Parker and A.P., as well as financial damages
to the Estate of Molly Parker.
The parties entered into a stipulated settlement agreement
which was approved and ordered by final judgment of the court
on June 23, 2022. Pursuant to the settlement, the parties
agreed to the entry of a Consent Final Judgment in the gross
amount of $6,250,000 as a full and complete settlement of any
and all claims against FDOT. The State of Florida has already
paid out the statutory limit of $300,000 per incident to Mr.
Parker (individually and on behalf of the Estate and A.P.). As
such, the remaining amount owed under the settlement is
$5,950,000.
CLAIMANT'S POSITION: Claimant, Mr. Tom Parker, on behalf of the estate of Molly
Parker, argues that he is entitled to the remaining amount of
$5,950,000 under the settlement agreement.
RESPONDENT'S POSITION: Pursuant to the terms of the settlement agreement, FDOT
supports the claim bill. FDOT believes the claim bill is a fair
settlement for the State of Florida, an appropriate resolution of
the action, and in the state’s best interest.
CONCLUSIONS OF LAW: Regardless of whether there is a jury verdict, each claim bill is
reviewed de novo in light of the elements of negligence.
Duty
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The driver of a vehicle has a duty to take reasonable care and to
follow all applicable laws to prevent injury to others within the
vehicle’s path.
Section 316.123(2)(a), F.S., requires every driver of a vehicle
approaching a stop sign to stop at a clearly marked stop line, but
if no stop line is present, to stop before entering the crosswalk
on the near side of the intersection so that the driver has a view
of approaching traffic on the intersecting roadway before
entering the intersection.1 After stopping at the stop line, the
driver is required to yield the right of way to any vehicle which
has entered the intersection from another highway or which is
approaching so closely on said highway as to constitute an
immediate hazard during the time when the driver is moving
across the intersection.2
Additionally, FDOT policy requires all employees to operate
FDOT vehicles and heavy industrial equipment in a safe
manner.3
Breach
The evidence presented, including the FHP Traffic Homicide
Report and Mr. Russ’s own testimony in his deposition,
demonstrate that Mr. Russ, an employee of the FDOT, breached
the required standard of care and violated s. 316.123(2)(a),F.S.,
when he failed to stop at the marked stop line before entering
the intersection of CR 167 and SR 2. Mr. Russ’s failure to comply
with traffic laws violated Mrs. Parker’s right-of-way and resulted
in the collision.
Mr. Russ was cited for his violation of s. 316.123(2)(a), F.S., by
the FHP and was found guilty of said violation at a hearing held
on March 11, 2021. Mr. Russ was driving a dump truck owned
and registered to the FDOT in his capacity as an FDOT
employee at the time of the collision. Thus, Respondent, FDOT,
is liable for Mr. Russ’s actions under the doctrine of respondeat
superior.
The FDOT issued Mr. Russ an official written reprimand for his
violation of the FDOT Disciplinary Standards of Conduct, which
ultimately required him to exercise due care and reasonable
diligence in the performance of his duties and responsibilities.
Causation
Molly Parker’s death was the direct and proximate result of Mr.
Russ’s breach. But for Mr. Russ’s failure to stop at the stop line
and subsequent failure to yield the right of way to Mrs. Parker,
1 S. 316.123(2)(a), F.S.
2 Id.
3 Florida Department of Transportation, Safety and Loss Prevention Manual, Policy 13.5.1(C)(1), (May 16,
2018), https://fdotwww.blob.core.windows.net/sitefinity/docs/default -
source/safety/safety/industrialsafety/slpm.pdf?sfvrsn= 8d21dd2a_0 (last visited Feb. 27, 2023); see also
FDOT Safety and Loss Prevention Manual, Policy 10.11.1.
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the collision would not have occurred. As such, but for the
driver’s actions, Mrs. Parker would not have sustained her critical
injuries and, ultimately, would not have died on December 22,
2019.
Mr. Russ was an employee of FDOT and was acting within the
course and scope of his employment at the time of the collision.
As such, FDOT is liable for the damages caused by its
employee’s negligence.
Damages
Molly Parker was a full-time photographer and served as the
primary earner in her household. Both she and her husband
worked full-time jobs and shared in the care and rearing of their
son, A.P. The present value of the combined past and future loss
of dependent support and services to Mr. Parker and A.P.
suffered as a result of Mrs. Parker’s death is estimated to be
$3,040,393.4
The estimated value of remaining lifetime earnings of Mrs.
Parker, based on wage and tax records and a remaining work
life expectancy of 27.6 years is estimated to be $2,208,478. 5
Claimant’s estate has outstanding subrogation liens for medical
expenses in the amount of $159,624.44.
Claimant’s estate and the FDOT have agreed to settle this matter
for $6,250,000. I believe the settlement amount is reasonable
based on the evidence presented, case law, and comparable
jury awards. The unpaid settlement amount of $5,950,000 owed
in excess of the statutory cap already paid, shall be appropriated
from the State Transportation Trust Fund to the Department of
Transportation to the Estate of Molly Parker.
The lives of Mr. Parker and A.P. have been tragically and
drastically changed since the loss of Molly Parker on December
22, 2019. Mr. Parker and A.P. continue to suffer economic and
emotional trauma relating to the loss of Mrs. Parker. A trust for
the protection of settlement fund proceeds for A.P. has been
established and one third of the settlement proceeds received to
date have been placed in said trust.
ATTORNEY’S/ If the claim bill passes, the attorney fee will not exceed
LOBBYING FEES: $1,190,000, and the lobbying fee will not exceed $295,000.
Outstanding costs are $125,728.96.
COLLATERAL SOURCES: After Mrs. Parker’s death, a GoFundMe account was created to
cover the expenses of the funeral and assist with relocation
expenses for Mr. Parker and A.P. The GoFundMe account
4 Estimated values are based upon findings made by Raffa Consulting Economists as detailed in the
Economic Damages Analysis for Molly Park er (May 20, 2022).
5 Id.
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raised $61,437. Additionally, the claimant’s estate received a
$25,000 settlement from Geico for uninsured motorist coverage.
RECOMMENDATION: I recommend that House Bill 6007 be reported FAVORABLY.
Respectfully submitted,
SARAH R. MATHEWS
House Special Master
cc: Representative Abbott, House Sponsor
Senator Hooper, Senate Sponsor
Jessie Harmsen, Senate Special Master