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/CS/HB 6017 - Representative Andrade
Relief/Marcus Button/Pasco County School Board
SUMMARY
This is a settled excess judgment claim against the Pasco County School Board (“Respondent”) for a
total of $1,200,000, based on a jury verdict and subsequent settlement providing relief for Marcus
Button and his parents 1 (“Claimants”) for the damages caused by the negligence of a Pasco County
school bus driver. The school board has paid the statutory limit pursuant to section 768.28, F.S.
FINDINGS OF FACT
Background
This matter arises out of a motor vehicle accident that occurred on September 22, 2006, in Pasco
County, Florida, at the intersection of Meadow Pointe Boulevard and State Road 54. Meadow Pointe
Boulevard runs north to south and dead ends into State Road 54, a straight, flat road which runs
east to west. As the single eastbound lane of State Road 54 nears its intersection with Meadow
Pointe Boulevard, it splits into two lanes—one for turning right at the intersection and one for
continuing on straight through the intersection.
Crucially, at the time of the accident, drivers on State Road 54 had the right-of-way at the
intersection. Meadow Pointe Boulevard was controlled by a stop sign, while State Road 54 had no
traffic controls.2
On the morning of September 22, 2006, Jessica Juettner, a student at Wesley Chapel High School,
picked up 16-year-old Marcus Button, her fellow schoolmate, at his home around 7:00 a.m. to drive
them both to school. Jessica sat in the driver's seat, and Marcus sat in the front passenger seat. At
some point, Marcus told Jessica that he had forgotten some of his things, and Jessica turned the car
around to go back to Marcus's house.
As Jessica drove her Dodge Neon east on State Road 54, a Pasco County school bus driven by
1 Marcus’s father, Mark Button, one of the original plaintiffs in the underlying case, died of cancer in April 2019.
2 At some point after the accident, a traffic light was installed at the intersection.
STORAGE NAME: h6017c.JDC
DATE: 2/21/2024
John Kinne3 proceeded northbound on Meadow Pointe Boulevard and pulled up to the intersection
with State Road 54. Mr. Kinne stopped the bus at the stop sign, prepared to make a left-hand turn,
and drove the school bus into the intersection, straight into Jessica's path.
Jessica tried to brake to avoid hitting the school bus, but to no avail. Jessica's Neon collided with the
school bus and slid underneath the bus, ultimately coming to rest facing the opposite direction it had
been traveling. The Neon's driver-side and passenger-side airbags both deployed.
The windshield splintered and collapsed inward towards Jessica and Marcus. The dashboard was
crushed, pinning and contorting Marcus's body inside the car. A witness, William Fox, was in a large
SUV waiting in line behind the school bus and saw the accident. He got out of his SUV and ran to
the Neon immediately to help Jessica and Marcus, where he observed Marcus in the passenger
seat pinned in, covered in glass, and bleeding from the head.
Mr. Fox testified that the Neon was going a normal speed for the highway and that it was "incredible
that the bus pulled out because there was absolutely no place for the car to go." Mr. Fox said he
believed the Neon could not have done anything to avoid the accident.
Mr. Kinne, the bus driver, testified in his deposition that even though he looked both ways and saw
several vehicles coming from his left traveling eastbound, it appeared they were making a right-hand
turn at the intersection, and so he believed the intersection was clear. Mr. Kinne said he did not see
the Neon until it was very close to his bus—too late to avoid the accident. Mr. Kinne was issued a
citation as a result of his fault on the roadway.
Marcus sustained facial and skull fractures, brain damage, and vision loss. He was airlifted to St.
Joseph's Children’s Hospital, where he recovered in a medically-induced coma. Marcus was later
transferred to Tampa General Hospital for rehabilitation.
Aftermath of Injury
Marcus's injuries from the accident were life-altering, causing pain, discomfort, loss of sensory
ability, and numerous visits to doctors and specialists. Marcus is legally blind in one eye and has no
sense of smell. He continues to suffer from memory loss, difficulty sleeping, and pain in his neck;
and he struggles to concentrate and stay on task.
Jessica Juettner, the driver of the car and friend of Marcus, testified at trial that Marcus changed
after the accident. She stated that after the accident, Marcus had "a completely different
personality," looked different, was a lot skinnier, and had problems with his eye. She further testified
that although Marcus used to be shy, after the accident Marcus became loud, began saying "the first
thing that comes to his mind," and made inappropriate jokes.
During the proceedings, Respondent maintained that Marcus has always had behavioral problems.
However, at the Special Master hearing, Marcus's mother, Mrs. Button, testified that Marcus's
overall problems became exponentially worse as a result of the accident. According to Mrs. Button,
Marcus sometimes would hit his head against a wall or walk out in front of traffic. Mrs. Button stated
her belief that Marcus would not be able to live on his own.4
Seatbelt Issue
There is conflicting evidence as to whether Marcus was wearing a seatbelt at the time of the
accident. Marcus asserts that he was wearing a seatbelt, though at trial his own expert witness
testified that he had no opinion as to whether Marcus was wearing a seatbelt. Respondent offered
testimony indicating that Marcus was not wearing a seatbelt.
3
Mr. Kinne testified that he began driving buses for the Pasco County School Board in August of 2006—that is, about a
month before the accident occurred.
4 Marcus was 16 years old at the time of the accident and is now in his early thirties .
STORAGE NAME: h6017c.JDC
DATE: 2/21/2024
Respondent also argued at trial that the driver of the Neon, Jessica Juettner, was negligent.
Respondent sought to elicit testimony regarding the lack of skid marks on the road to imply that
Jessica was not paying attention to the road and thus did not have sufficient time to brake to avoid
the collision. At trial, the jury, apparently believing Marcus was not wearing a seatbelt, allocated 15
percent of the fault to Marcus himself as a passenger and 20 percent of the fault to the driver,
Jessica Juettner.
After considering the arguments offered at the Special Master hearing, I see no reason to disturb the
jury's apparent finding that Marcus was not wearing a seatbelt; and I find that the jury's allocation of
15 percent of the fault to Marcus and 20 percent of the fault to Jessica Juettner is reasonable and
supported by the evidence.
Litigation History
On July 9, 2009, Marcus Button and his parents, Mark and Robin Button ("Claimants"), filed an
amended complaint against the Pasco County School Board ("Respondent") in the Sixth Judicial
Circuit. The case went to a jury, which awarded $455,225.92 in damages to Mark and Robin Button5
and $2,142,565.21 in damages to Marcus Button. The jury apportioned the fault as follows:
 65 percent of the fault to Respondent Pasco County;
 20 percent of the fault to Jessica Juettner, as the driver of the car in which Marcus was
riding; and
 15 percent of the fault to Marcus Button.
After reducing the total awards to account for the fault of other parties, the court entered a final
judgment against Respondent in the amount of $289,396.85 for Mark and Robin Button and
$1,380,967.39 for Marcus Button. Because Respondent had already paid $37,000 for property
damages and to settle with Jessica Juettner, Respondent paid Claimants $163,000, the maximum
amount remaining under the sovereign immunity cap of $200,000. Claimants seek a total of
$1,200,000 in this claim bill, based on the settlement.
POSITIONS OF CLAIMANTS AND RESPONDENT
Claimants’ Position
Claimants argue Marcus has suffered a multi-million dollar injury and that Respondent caused the
injury:
 By negligently mapping its bus routes.
 By allowing a poorly-trained bus driver to drive its bus.
 Through its employee's negligent act of making a left-hand turn into traffic without the right-
of-way.
Claimants object to the jury's allocation of 20 percent of the fault to Jessica Juettner as the driver of
the car and assert that Marcus was wearing his seatbelt at the time of the accident.
5 Of the amount of damages awarded to Marcus's parents, $105,225.9 2 was for medical expenses and $350,0 0 0 w a s fo r
loss of consortium.
STORAGE NAME: h6017c.JDC
DATE: 2/21/2024
Respondent’s Position
During the course of the proceedings, Respondent strongly objected to the passage of the claim bill,
arguing a lack of causation between the accident and Marcus’s current health problems. Respondent
asserted that Marcus has always had poor grades and behavioral problems. Respondent also
argued that the driver of the car in which Marcus was riding, Jessica Juettner, contributed to the
accident by paying insufficient attention to the road.
However, on February 20, 2024, Respondent and Claimants reached a settlement for a total of
$1,200,000, to be divided as follows:
 $1,000,000 made payable to a trust for the sole and exclusive benefit of Marcus Button.
 $200,000 made payable to Robin Button, as the surviving parent and natural guardian of
Marcus Button, and as compensation for damages sustained by Robin and Mark Button (now
deceased).
CONCLUSIONS OF LAW
Regardless of whether there is a jury verdict or settlement, each claim bill is reviewed de novo in
light of the elements of negligence.
Duty & Breach
It is clear that Respondent breached a duty owed to Marcus Button. Under Florida law, a driver
approaching an intersection with a stop sign must stop, and after stopping, must "yield the right of
way to any vehicle" in the intersection or which is approaching so closely as to constitute a hazard. 6
Mr. Kinne, the driver of the county bus, owed a duty of care to Marcus, who was riding in the car
driven by Jessica Juettner, which car had no stop sign at the intersection and enjoyed the right-of-
way. Mr. Kinne breached this duty to Marcus when Mr. Kinne negligently drove his school bus
through the intersection, even though he had a stop sign and did not have the right-of-way.
At the time Mr. Kinne breached this duty of care, he was driving a Pasco County school bus as a
Pasco County employee on his bus route. Thus, Respondent is liable for Mr. Kinne's actions under
the doctrine of respondeat superior.
Causation
The most closely contested issue between the parties has been whether the accident caused
Marcus's health issues. Claimants argue that the accident caused or at least contributed to Marcus's
problems; while Respondent has countered that Marcus has always had those problems.
I find that Claimants have carried their burden to prove the causation issue, and I conclude that there
is no reason to disturb the jury's similar finding. While it is apparent that Marcus has always had poor
grades, the record reflects that Marcus sustained life-altering injuries as a result of the accident.
Testimony received at the Special Master hearing indicates that the accident has had a severe
impact on Marcus, leaving him worse off physically, mentally, and emotionally than he was before
the accident.
Damages
A life care plan prepared for Marcus indicates future costs of care between $6,000,000 and
$11,000,000 and that lost wages over the course of his life will be between $365,000 and $570,000.7
Based on the evidence in the record, I find that the total settlement amount of $1,200,000 is
reasonable.
6
S. 316.123(2)(a), F.S.
7Additionally, on May 7, 2010, a federal Social Security Disability hearing officer found Marcus to be disabled according to
Social Security regulations.
STORAGE NAME: h6017c.JDC
DATE: 2/21/2024
 RESPONDENT’S ABILITY TO PAY
Respondent is self-insured. There is a general liability fund set aside, but Respondent asserted that
as of June 30, 2023, the balance of the fund was $(302,845.02). However, on February 20, 2024,
Respondent agreed to settle the claim bill for the total amount of $1,200,000.
ATTORNEY AND LOBBYING FEES
If the claim bill passes, Claimants attest that the attorney fee will not exceed 21 percent of the total
amount awarded, and lobbying fees will not exceed 4 percent of the total amount awarded.
Outstanding costs total $5,059.61.
LEGISLATIVE HISTORY
This claim bill was first introduced in 2012 as HB 647. In 2018, HB 6525 passed the House, but the
Senate companion died in committee. In 2019, HB 6531 passed all House committees of reference
but died on the second reading calendar. Similarly, in 2020, HB 6519 passed all House committees
of reference but died on the second reading calendar. The claim bill was not re-filed in the House
until this legislative session.
RECOMMENDATION
Based on the foregoing, I recommend that CS/CS/HB 6017 be reported FAVORABLY.
Respectfully submitted,
JORDAN JONES
House Special Master
STORAGE NAME: h6017c.JDC
DATE: 2/21/2024