When Individual Rights and Politics
Don't Mix

By David Fonvielle, Partner

Don’t tell Sheryl Allen that lightning doesn’t strike twice. In the past five years she has been a tragic victim two times – first when a negligent driver hit her during a holiday parade and again when a high-ranking politician stripped her of compensation for the debilitating seizures caused by the accident. She’s not alone. Two dozen other families across the state in 2006 faced similar mistreatment by powerful legislators who chose to ignore the claims of those who have died or were seriously injured at the hands of state or municipal employees. Under Florida law, only legislators can approve payment of claims against state and local governments for more than $200,000. This past session, lawmakers thumbed their nose at all of the victims, even though in each case a judge or jury ruled in their favor, or the municipality or state agency agreed to settle the claim. “This is a tragedy and it’s a miscarriage of justice,” Sen. Walter “Skip” Campbell, D-Fort Lauderdale told the St. Pete Times. “These victims have been mishandled by the government which caused significant and severe injuries and they’ve been mishandled on the back end when the Legislature doesn’t want to pay.”

In the case of Sheryl Allen, the City of Tallahassee agreed that it was negligent when one of its drivers hit her with a parade float as he rounded the corner where she was helping students board a school bus. She was knocked off her feet, hit her head on the concrete curb and was rushed by ambulance unconscious to the hospital. Today she has seizures and can no longer drive a car, function as a bookkeeper for the family business or undertake positions of responsibility like supervising young adult activities. The city said it would pay Allen $975,000 and agreed to help our law firm through the legislative process of getting it approved.

Her claim went through all the proper channels, including approval by Senate and House committees, but hit a concrete roadblock when Senate President Tom Lee got a hold of it. He announced that lobbyists and trial lawyers make too much money off claims bills and therefore wouldn’t allow passage of any such bills.

Personal injury lawyers are not overly compensated in these types of government cases, as Senate President Lee publicly asserts. The law, in fact, limits our fees to 25 percent even though attorneys’ fees in other litigated personal injury cases currently are typically 40 percent.

“ He must have some personal agenda, what else does he have to gain?” Wendy Smith told the Times in blaming Senate President Lee. Her 18-year-old FSU freshmen died from dehydration during football practice because trainers did not offer water or rest. Lawmakers ignored her $1.8 million settlement.

She, Sheryl Allen and all the other victims are simply an incidental and apparently necessary casualty to Senate President Lee’s effort to keep lobbyists and trial lawyers from being paid.

There is something wrong in America when this level of bitter, uncaring and irrational attitude comes from the very individuals whom we elect to represent us. No one elects politicians to carry out personal vendettas, but that is exactly what Senate President Lee and others who follow his lead are doing. If I thought he had a conscience, I would say he should be ashamed of himself, but perhaps it is us who should be scolded for allowing this type of individual to represent us. And for encouraging lightning to strike twice.