A Florida widow who won a $1.1 million jury verdict against a sheriff’s office may spend years, even a decade, trying to collect the full amount.
Her case has become a flashpoint in a larger debate over how states limit payouts in lawsuits involving government agencies, and whether those caps leave victims stranded even after they win in court.
Pamela Martin’s husband, Michael Keen, left home in February 2021 for his part-time job as a courtesy driver at a Brandon GMC dealership.
Hours later, Martin learned his truck had been struck by a Hillsborough County Sheriff’s deputy travelling 97 mph in a 50 mph zone. Their lights and sirens weren’t activated, according to Florida Highway Patrol data retrieved from the patrol car’s black-box recorder. Keen never regained consciousness and died a week later.
“Not a day goes by that I don’t think about him,” Martin told WFTS-TV’s Tampa Bay 28 I-Team, which first reported the case (1).
Last month, a Hillsborough County jury found the deputy negligent and awarded Martin more than $1 million in damages, as well as compensation for pain and suffering. Her attorneys said the verdict provided a measure of validation: her husband’s death wasn’t inevitable.
But the courtroom victory reminded Martin of a harsh reality. Florida law sharply limits how much government agencies can pay out unless the Legislature approves additional money. Under Florida’s sovereign immunity statute, public entities cannot pay more than $200,000 per person or $300,000 per incident.
To receive the remaining money, Martin has to pursue a separate and highly political process known as a claims bill. That’s where she’ll request state lawmakers override the cap and authorize the payout.
Attorney Keith Ligori says that means hiring a lobbyist, finding House and Senate sponsors, drafting legislative language and preparing for emotional testimony before multiple committees.
“This process could easily take five to ten years and still not be successful,” Ligori told the I-Team. Meanwhile, the sheriff’s office can hire lobbyists to oppose the claims bill.
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Sovereign immunity laws exist in all 50 states and are designed to protect taxpayers from massive judgments that could destabilize public budgets. But Florida’s caps can leave many families financially stranded (2).
In cases involving catastrophic injury or death, medical bills alone can far exceed $200,000 (3).
When the defendant is a private company, juries can award damages that are paid. When the defendant is a government entity, those damages remain legally restricted from paying above statutory caps.
Florida lawmakers are now considering House Bill 145, which would raise sovereign immunity caps (4). The proposal would increase the per-person limit from $200,000 to $500,000 and the per-incident cap to $1 million.
“What is that going to do? That’s going to help people who are severely injured pay for their medical bills because what’s essentially happening here is these people are now having to rely upon the government,” Ligori said.
However, any reforms would apply only to future cases. They would not retroactively help Martin or other families already stuck in the claims-bill system.
Most states impose some form of liability cap for lawsuits involving government agencies, but the amounts vary:
Colorado: Up to $424,000 per person (indexed for inflation) (5)
Texas: $250,000 per person in cases involving municipalities (6)
Georgia: $1 million per incident (7)
New York: No statutory cap on damages (8)
California: No general damages cap against the State (9)
Martin said she is prepared to travel to Tallahassee, the state capital, to testify before lawmakers and do whatever is necessary to hold those accountable for her husband’s death.
“They always say ‘serve and protect,’” she told the I-Team. “They didn’t serve Michael, and they didn’t protect him. And they didn’t serve me because they didn’t protect him.”
Now, she only has a verdict on paper, with no guarantee she’ll ever receive the payout the jury decided on. The outcome of Florida’s next legislative session could determine whether future families face the same wait.
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Tampa Bay 28 (1); Matthiesen, Wickert & Lehrer S.C. (2), (6) (8) (9); Dortch Lindstrom Livingston Law Group (3); Florida Bar (4); Colorado Secretary of State (5); Justia U.S Law (7).
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