Special Master’s Final Report
The Honorable Paul Renner
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: HB 6001 - Representative Massullo
Relief/Mark Lagatta/Department of Transportation
SUMMARY
This is a settled claim for $2,200,000 against the Florida Department of Transportation (“FDOT”)
for injuries and damages suffered by Mark LaGatta when an FDOT employee reversed a tractor
with a box blade attachment into his lane of travel, causing the motorcycle on which Mr. LaGatta
was riding to impact the box blade attachment.
FINDINGS OF FACT
Accident
On the morning of July 27, 2020, 57-year-old Mark LaGatta (“Mr. LaGatta” or “Claimant”), an
Army veteran, husband, and father of five, took his daughter (“Ms. LaGatta” or “daughter”) on a
day trip to Cedar Key, in Levy County, Florida to celebrate her recent high school graduation. As
it was a pleasant summer’s day, Mr. LaGatta and his daughter traveled to Cedar Key on Mr.
LaGatta’s motorcycle, a red Harley Davidson Ultra Classic he had owned for approximately four
years, with Mr. LaGatta operating the motorcycle and his daughter riding as a passenger.1 While
Ms. LaGatta wore a helmet for the ride, Mr. LaGatta did not. 2
On that same day, the Florida Department of Transportation (“FDOT”) undertook repairs to a
damaged portion of State Road 24,3 the only roadway in or out of Cedar Key.4 To facilitate their
repairs, FDOT established a work zone, closing off the westbound lane with cones and leaving
the eastbound lane open for travel, with flaggers present at both ends of the work zone to direct
traffic.5 Mr. LaGatta and his daughter passed through the work zone on their way to Cedar Key
without incident.
1 The record indicates that Mr. LaGatta had a motorcycle endorsement on his drivers’ license.
2 Florida law does not require a person over 21 years of age to wear a helmet while operating or riding on a
motorcycle if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for
injuries incurred as a result of a crash while operating or riding on a motorcycle. The record indicates that
Mr. LaGatta had such insurance.
3 State Road 24 is a two-way, undivided roadway.
4
Sinkholes caused the damage FDOT had undertaken to repair on July 27, 2020.
5 The record indicates that the flaggers present at the work zone on July 27, 2020 were Florida Department of
Corrections inmates on a prisoner work detail.
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After lunch, Mr. LaGatta and his daughter stopped at a gas station to refuel and then decided to
return to their home in Lecanto, Florida, traveling again by way of State Road 24. As Mr.
LaGatta and his daughter approached the work zone, Mr. LaGatta slowed his speed of travel6
and, after a flagger indicated that he could proceed, began to pass through the work zone in the
open eastbound lane; the time was approximately 2:15 p.m. Simultaneously, Russell Dunn (“Mr.
Dunn”), an FDOT employee operating a tractor7 with a box blade attachment in the closed
westbound lane, began to reverse the tractor into the open eastbound lane.8
The record indicates that Mr. Dunn could not see directly behind the tractor, that there was no
spotter present to assist Mr. Dunn in maneuvering the tractor, and that he did not see anyone in
the lane before he began to reverse. Unfortunately, Mr. Dunn reversed the tractor directly into
Mr. LaGatta’s path and, although Mr. LaGatta applied the motorcycle’s brakes, he was unable to
stop before colliding with the tractor’s box blade attachment. The collision diverted the
motorcycle onto the roadway’s south shoulder, where it ultimately overturned in a ditch, sending
Mr. LaGatta and his daughter tumbling to the ground.9
Injuries and Treatment
Mr. LaGatta testified that he remembered little about the accident except that he was calling out
for his daughter and could not see, possibly due to a concussion he sustained in the accident. 10
Emergency responders applied a tourniquet to Mr. LaGatta’s left leg at the scene to stop arterial
bleeding, and he was ultimately transported to the emergency department at Shands Hospital in
Gainesville, Florida. Due to the extent of his injuries, Mr. LaGatta received blood transfusions
and emergency surgical intervention, including vascular and orthopedic surgeries with four
compartment fasciotomies, external fixation of a left leg fracture, and open reduction with
internal fixation for a right leg fracture.
After his initial surgical interventions, Mr. LaGatta was admitted to the Intensive Care Unit
(“ICU”), where he was placed in a medically-induced coma and put on a ventilator. While in the
ICU, he received treatment for his pain, multiple fractures, including fractured teeth, multiple
lacerations, pneumonia, and rhabdomyolysis, which ultimately required Mr. LaGatta to undergo
several days of dialysis until his renal function normalized. Mr. LaGatta also underwent multiple
left lower extremity debridement procedures due to poor healing to his initial orthopedic surgery
site and soft tissue necrosis.
Ultimately, Mr. LaGatta’s left leg could not be saved, resulting in an above-the-knee amputation.
Over a period of days, Mr. LaGatta was medically stabilized and transitioned out of the ICU into
regular in-patient care, where he continued to receive multiple weekly wound vacuum system
changes. On August 16, 2020, Mr. LaGatta was again transitioned, this time to an in-patient
rehabilitation facility in Ocala, Florida, where he remained for several weeks until he was
discharged to his home for outpatient care, including physical therapy and mental health
treatment for Post-Traumatic Stress Disorder. Mr. LaGatta also obtained two artificial legs, one
provided by Medicaid that fit Mr. LaGatta poorly, causing him to frequently fall, and a more
advanced model he purchased with money he received from an insurance payout.11
6 The record indicates that Mr. LaGatta was traveling at a speed of approximately 30 mph at the tim e of the collision,
while the posted speed limit was 60 mph.
7
The record indicates that the tractor operated by Mr. Dunn was JCB 3CLL tractor # 11906 , owned by FDOT.
8 According to the record, Mr. Dunn held the position of senior heavy equipment operator for FDOT on July 27, 2020.
He testified that he was reversing the tractor so that he could use the bucket on the tractor’s front to push plates off of
a sinkhole so it could be repaired.
9 The record indicates that Mr. LaGatta’s motorcycle was disabled due to the accident.
10
Ms. LaGatta was also injured in the accident but her injuries are not the subject of this claim bill.
11 According to the record, Mr. LaGatta received a $30,000 payment from State Farm under his uninsured motorist
coverage.
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Economic Damages
All told, Mr. LaGatta, who was insured through Medicaid at the time of the accident, incurred
$800,354.04 in medical bills. After an adjustment, Medicaid paid a total of $166,567.48,
imposing a lien in that amount against any recovery Mr. LaGatta might receive in connection
with the July 27, 2020 accident. An Economic Analysis prepared for Mr. LaGatta estimates the
present value of his future medical expenses at somewhere between $4,400,000 and
$5,300,000, depending on whether he chooses to undergo optional osseointegration surgery.12
Additionally, Mr. LaGatta’s Medical Functional Capacity Assessment indicates that his accident-
related pain and physical limitations prevent him from maintaining gainful employment going
forward, and estimates his life expectancy at 22.6 years.13 The record indicates that Mr. LaGatta
is presently unemployed but that, before the accident, he held a maintenance engineer position
at a country club, making $35,000 per year in addition to receiving a holiday bonus; the record
also indicates that he had held similar positions for the majority of his working life and did side
jobs, including HVAC repair and electrical work, to supplement his income.14
Investigation and Civil Action
Following a traffic crash investigation conducted by the Florida Highway Patrol, Mr. Dunn was
issued a traffic citation for the offense of improper backing with serious bodily harm.15 On May
11, 2021, Mr. Dunn entered a not guilty plea but the court ultimately adjudicated him guilty,
suspending his driver’s license for three months and ordering him to pay a $500 fine and
complete Advanced Defensive Driving School.
On April 13, 2021, Mr. LaGatta filed a Complaint against FDOT in the Circuit Court of the Eighth
Judicial Circuit.16 Therein, Mr. LaGatta alleged that FDOT was negligent in and through the
actions of its employee, Mr. Dunn, and as a result of such negligence, Mr. LaGatta suffered
bodily injury and resulting pain and suffering; disability; disfigurement; mental anguish; loss of
capacity for the enjoyment of life; medical expenses; loss of property; loss of earnings; and loss
of ability to earn money. On May 4, 2021, FDOT filed an Answer, Affirmative Defenses,17 and
Demand for Jury Trial. However, on January 9, 2023, the parties entered into a stipulated
settlement agreement in the amount of $2,500,000, $2,320,000 of which was for the benefit of
Mr. LaGatta.18 The court ultimately entered a consent judgment in Mr. LaGatta’s lawsuit, and
FDOT paid Mr. LaGatta $120,000 towards the amount owed to him.19
12 The Economic Analysis, prepared by economists Brenda B. Mulder, MBA and Kristi S. Kirby, M.Ed., contemplates
Mr. LaGatta receiving physical therapy for life and mental health treatment at least for the foreseeable future;
however, Mr. LaGatta testified at the Special Master Hearing held in this matter on October 30, 2023, that he is not
presently receiving physical therapy (as he was told there would be no benefit to continuing with physical therapy) or
mental health treatment (as his provider with the Veterans’ Administration left and he had yet to establish himself with
a new provider). Mr. LaGatta also testified at the Special Master Hearing that he is undecided at this time as to
whether he will undergo the osseointegration surgery.
13 Dr. Craig H. Lichtblau prepared the Medical Functional Capacity Assessment.
14 At the Special Master Hearing held in this matter, Mr. LaGatta testified that he may in the future look for some kind
of desk work or other position that would not involve physical labor; he indicated that he has not yet done so as he
has always worked with his hands and is not sure he could do other types of work at this stage of his life.
15 See case #2020-TR-002749. Improper backing with serious bodily harm is a violation of s. 316.1985(1), F.S. It is a
civil traffic infraction, meaning a noncriminal violation that may require community service hours , but it is not
punishable by incarceration and there is no right to a jury trial or to court-appointed counsel. Ss. 316.1985(3) and
318.13(3), F.S.
16 Mrs. LaGatta (the Claimant’s wife) and Ms. LaGatta (the Claimant’s daughter) joined the Complaint as plaintiffs.
17 FDOT’s affirmative defenses included: comparative negligence; collateral sources and set-off; failure to mitigate; a
“Fabre” defense; and a defense under the Florida Automobile Reparations Reform Act.
18 FDOT’s Secretary executed the settlement agreement on February 9, 2023.
19
Under the terms of the settlement agreement, FDOT also agreed to pay $150,000 to Ms. LaGatta (the Claimant’s
daughter) and $30,000 to Mrs. LaGatta (the Claimant’s wife) in full satisfaction of their respective claims; these
amounts have since been paid and are not the subject of this claim bill.
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Personal Impact
Mr. LaGatta’s wife (“Mrs. LaGatta”) testified that, during her husband’s time in the hospital and
the rehabilitation facility, she traveled from their home to visit Mr. LaGatta daily, all while caring
for their children and managing their household.20 Mrs. LaGatta also testified that she was a
homemaker before the accident but has since gained employment to support their family
financially. According to the testimony of both Mr. and Mrs. LaGatta, this, along with the fact that
Mr. LaGatta can no longer perform home improvements in the manner he would before the
accident, has left Mr. LaGatta feeling depressed, as he once took great pride in financially
supporting his family and maintaining their home.
Mr. LaGatta also testified that he is no longer able to enjoy many of the other activities he took
pleasure in before the accident, including riding a motorcycle, and that he has since gained
weight, has developed hypertension, fatigues easily, and has nightmares. Frequent falls have
left Mr. LaGatta in fear of falling, and he is only able to walk short distances before needing to
utilize a mobility assistance device, such as a wheelchair or scooter. Consequently, Mr. LaGatta
testified that he had to remodel a bathroom in his home to install a roll-in shower, and veterans
from the local community built him a ramp to assist him in entering and leaving his home.
CONCLUSIONS OF LAW
Pursuant to House Rule 5.6(b), stipulations entered into by the parties to a claim bill are not
binding on the Special Master or the House or any of its committees of reference. Thus, each
claim is heard de novo, and the Special Master must make findings of fact and conclusions of
law which support the claim. In the instant matter, Mr. LaGatta raises a negligence claim, the
elements of which are duty, breach, causation, and damages.
Duty
Section 316.1985(1), F.S., prohibits a motor vehicle driver from reversing the vehicle unless
such movement can be made safely and without interfering with other traffic. A motor vehicle
driver has a duty to take reasonable care and to follow all applicable laws to prevent harm to
those within the vehicle’s path; thus, Mr. Dunn had a duty to abide by s. 316.1985(1), F.S.
Breach
The evidence presented demonstrates that Mr. Dunn breached the duties described above
when he improperly reversed the tractor he was operating directly into the path of Mr. LaGatta’s
motorcycle while being unable to see behind him and without having a spotter to guide him.
Causation
The July 27, 2020 accident and Mr. LaGatta’s consequential injuries were the direct and
proximate result of Mr. Dunn’s breach of the duties described above. But for Mr. Dunn’s
improper backing maneuver, the accident would not have occurred.
Damages
Mr. LaGatta settled the instant matter with FDOT for $2,320,000, $120,000 of which has already
been paid; thus, this claim bill is for $2,200,000 to compensate Mr. LaGatta for his physical
injuries caused by the July 27, 2020 accident and the economic damages he suffered due to
said injuries.
Respondeat Superior
Under the common law respondeat superior doctrine, an employer is liable for the negligence of
20Mrs. LaGatta entered into a separate settlement agreement with FDOT and her damages are not the subject of this
claim bill.
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its employee when the:
 Individual was an employee when the negligence occurred;
 Employee was acting within the scope of his or her employment; and
 Employee’s activities were of a benefit to the employer.21
For conduct to be considered within the course and scope of the employee’s employment, such
conduct must have:
 Been of the kind for which the employee was employed to perform;
 Occurred within the time and space limits of his employment; and
 Been due at least in part to a purpose serving the employment. 22
Because Mr. Dunn was at all times relevant to the instant matter employed by FDOT as a senior
heavy equipment operator and was acting within the scope of his employment at the time the
July 27, 2020 accident occurred, which employment benefitted FDOT, FDOT is liable for Mr.
Dunn’s breach under the common law respondeat superior doctrine.
POSITIONS OF CLAIMANT AND RESPONDENT
Claimant’s Position
Mr. LaGatta asserts that he is entitled to the remaining $2.2 million authorized by the settlement
agreement entered into with FDOT in his underlying civil action.
Respondent’s Position
FDOT supports the passage of the claim bill and indicated, through counsel, that it believes the
settlement amount to be fair and to account for any affirmative defense it may have raised had
the matter gone to trial. Should the claim bill pass, the money will be drawn upon FDOT funds in
the State Treasury and should have no impact on FDOT’s operations.
LEGISLATIVE HISTORY
The claim bill is presented to the Legislature for the first time.
ATTORNEY AND LOBBYING FEES
Under the terms of the claim bill, attorney fees may not exceed 25 percent of the total award –
that is, $550,000 – while lobbying fees are unaddressed. However, pursuant to an agreement
between Mr. LaGatta’s counsel and lobbyist, attorney fees will be 18 percent of the
aforementioned 25 percent and lobbying fees will be 7 percent of the 25 percent. Thus, attorney
fees may not exceed $396,000 and lobbying fees may not exceed $154,000.
RECOMMENDATION
Based on the foregoing, I recommend that House Bill 6001 be reported FAVORABLY.
21 Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So. 2d 353 (Fla. 3d DCA 2001).
22 Spencer v. Assurance Co. of Am., 39 F.3d 1146 (11th Cir. 1994) (applying Florida law).
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 Respectfully submitted,
CAITLIN R. MAWN,
House Special Master
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