Agenda

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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	11/07/2019
Issue: Settlement of William R. Kibbe v. Escambia County Board of County Commissioners, Case No. 2018 CA 001900
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of William R. Kibbe v. Escambia County Board of County Commissioners, Case No. 2018 CA 001900.

That the Board take the following action:

A. Authorize the settlement of the pending lawsuit in the total sum of $29,250.00 to be paid to William R. Kibbe in exchange for a general release, hold harmless agreement and Medicare addendum; and

B. Authorize the County Attorney's Office to execute a stipulation for dismissal with prejudice of the pending lawsuit.

BACKGROUND:

On January 24, 2017, the County's operator was driving an Escambia County-marked, white pickup truck west on Detroit Boulevard attempting to make a left turn onto Ashland Avenue to inspect a project. Heading in the opposite direction, Plaintiff, was driving a 2006 Volvo station wagon. Plaintiff's vehicle struck the left rear passenger side of the County pickup. The impact caused the airbag in the Volvo to deploy, with Plaintiff's vehicle colliding head-on with an SUV that was immediately behind the County's pickup truck. Based on the lack of skid marks and the significant impact to the Volvo, there is an argument to be made that Plaintiff was traveling at an excessive speed and was not paying attention to the traffic in front of him. The County's driver was subject to an Incident Review Board proceeding in which he was found at fault. He admitted at his deposition that he was partially at fault. Accordingly, a jury could have found both the County's driver and Plaintiff both responsible for the accident. Plaintiff complained of neck, back and right thumb and right wrist injuries.

Prior to this accident, the Plaintiff had had an extensive history of low back and neck pain, stemming from two prior automobile accidents. Approximately five months after the County accident, he was seen by an orthopedic surgeon specializing in hand surgery who determined Plaintiff was suffering from carpal tunnel and nerve compression symptoms in both hands and wrists. An EMG revealed evidence of bi-lateral carpal tunnel syndrome. A right thumb metacarpophalangeal radial collateral ligament repair was performed in January of 2018, with Plaintiff having to be casted and to refrain from heavy lifting or strenuous activity.

At the time of the accident and surgery, Plaintiff was an independent contractor-driver for Uber and Lyft and suffered a decline in earnings during the time that his right wrist and thumb were immobilized after the surgery. The medical records also suggest an exacerbation of his low back condition from the County accident and that the ligament repair was related to the County accident. Medical bills totaled approximately $44,000.00, with the primary expense being the surgery to repair the right thumb. Plaintiff continues to complain of pain to the right wrist and thumb, low back pain and exhibits a surgical scar.

Based on a review of similar tort injuries, the settlement is within the reasonable range of verdict potential. The comparative negligence of Plaintiff was taken into account. This office recommends that the proposed settlement be approved in exchange for the execution of a general release, hold harmless agreement and Medicare addendum.

BUDGETARY IMPACT:

Payment will be made from the 501/239898 Internal Service Fund.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Mediation Settlement Agreement