STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KATHLEEN P. FREDRICK, as

Personal Representative of the Estate of GREGORY FREDRICK,

Claimant,

vs.

NELSON KAZIE, M.D.,

Defendant.

/

Case No. 15-3618MA

FINAL ARBITRATION AWARD

The final arbitration hearing in this case was held before

W. David Watkins, Chief Arbitrator; Jonathon Lynn, Esquire, Arbitrator; and F. Gregory Barnhart, Esquire, Arbitrator, on November 16 and 17, 2015, in West Palm Beach, Florida.

APPEARANCES

For Claimant: Christopher M. Larmoyeux, Esquire

Larmoyeux and Bone, P.L. Suite 200

550 South Quadrille Boulevard West Palm Beach, Florida 33401

For Defendant: Kevin P. O’Connor, Esquire

Foley and Mansfield, P.L.L.P. Suite 1000

4770 Biscayne Boulevard

Miami, Florida 33137

AWARD

The following award was unanimously agreed to by the arbitration panel pursuant to section 776.207, Florida Statutes:

PAST SUPPORT CLAIM

5. TOTAL REDUCED TO PRESENT MONEY VALUE:

(add lines 3 and 4) $ 201,035.00

LOSS OF SERVICES CLAIM

Kathleen

Corinne

FUNERAL EXPENSES CLAIM: $ 12,037.00

LOSS OF CAPACITY TO ENJOY LIFE AS TO KATHLEEN:

$ 250,000.00

LOSS OF CAPACITY TO ENJOY LIFE AS TO CORINNE:

$ 250,000.00

LOSS OF COMPANIONSHIP AND PROTECTION AS TO KATHLEEN

1. PAST LOSS: $ 4,515.00

(Fence and alarm)

LOSS OF PARENTAL GUIDANCE, INSTRUCTION AND COMPANIONSHIP FOR CORINNE

1. PAST LOSS: $ 2,640.00

(10 hours mo. assisting with horse shows)

2. FUTURE LOSS: $ 6,547.97 REDUCED TO PRESENT MONEY VALUE

ADDITIONAL DAMAGES ALLOWABLE UNDER F.S. § 766.2071/

DONE AND ORDERED this 24th day of November, 2015, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 2015.

ENDNOTE

1/ The parties stipulated to the reasonable amounts to be paid for Claimant’s attorney fees and costs, and to compensate Arbitrators Lynn and Barnhart.

COPIES FURNISHED:

Christopher M. Larmoyeux, Esquire Larmoyeux and Bone, P.L.

Suite 200

550 South Quadrille Boulevard West Palm Beach, Florida 33401 (eServed)

Kevin Patrick O'Connor, Esquire Foley and Mansfield, P.L.L.P. Suite 100

4770 Biscayne Boulevard

Miami, Florida 33137 (eServed)

Forrest Gregory Barnhart, Esquire Searcy, Denney, Scarola, Barnhart

and Shipley, P.A.

2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 (eServed)

Casey D. Shomo, Esquire Casey D. Shomo, P.A. Tuscany Center, Suite 400 8845 North Military Trail

Palm Beach Gardens, Florida 33410

Jonathon P. Lynn, Esquire Chimpoulis, Hunter & Lynn, P.A. Suite 510

150 South Pine Island Road Plantation, Florida 33324

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.

Docket for Case No: 15-003618MA

Orders for Case No: 15-003618MA