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County Attorney's Report 12. 2.

BCC Regular Meeting

Action

Meeting Date:	12/08/2016
Issue: Settlement of the Matthew Sarnacki v. Alisha McDaniel and Escambia County, Florida, Case No.: 2014 CA 000772
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of the Matthew Sarnacki v. Alisha McDaniel and Escambia County, Florida, Case No.: 2014 CA 000772

That the Board take the following action:

A. Approve a settlement payment of $15,000.00 to Matthew Sarnacki in exchange for the execution of a general release and hold harmless agreement and a stipulation for dismissal with prejudice of the pending lawsuit; and

B. Authorize the County Attorney's Office to execute a stipulation for dismissal once the general release is executed and delivered to the County Attorney's Office and settlement payment is made.

BACKGROUND:

On June 13, 2011, the Division of Roads and Bridges through the use of inmate labor under the control of a Road Prison Correction Officer was performing shoulder work on Sanders Street at its intersection with Burgess Road. One lane of Sanders was blocked off to allow the work to proceed. An inmate using a "stop"/"slow" paddle was directing traffic southbound into the northbound lane. Ms. McDaniel was directed into the northbound lane. At that time, Mr. Sarnacki was operating a Honda Civic on Burgess traveling from east to west. As he approached the intersection, the inmate signaled Ms. McDaniel to proceed. A stop sign governed the southbound traffic on Sanders Street across Burgess Road. However, Ms. McDaniel interpreted the signal from the inmate to proceed slowly that traffic was clear and she need not stop at the stop sign. Mr. Sarnacki's motor vehicle was hit on the passenger side by Ms. McDaniel's vehicle. He suffered injuries to his neck and forehead. According to testimony given by Mr. Sarnacki in his deposition he claims that he was wearing his seatbelt at the time of collision. However, statements made by Mr. Sarnacki to Escambia County EMS personnel reflect that he was not restrained by a seatbelt.

Mr. Sarnacki was seen by Dr. Charles P. McGrath, D.C. for several months and discharged initially with a 9% impairment to the neck with pain radiating into the right arm and right leg. Later, an MRI was conducted which showed bulging discs at certain levels of the spine in the neck. After the review of the MRI, Dr. McGrath increased the impairment rating from 9% to 14% impairment of the body as a whole.

Mr. Sarnacki claimed loss of wages and earning capacity because of his injuries from the accident. However, personnel records obtained from several employers for whom Mr. Sarnacki had worked after the accident showed that he was able to perform physical labor and that he left certain positions either on his own or was terminated because of attitude issues. It does not appear that there were significant changes in Mr. Sarnacki's lifestyle after the accident. He continued to have an active recreational and social life.

Ms. McDaniel was insured by USAA and was represented by Gerard Chiesa of the Conroy Simberg firm. Ms. McDaniel's insurance company contributed $15,000.00 towards the settlement sum of $30,000.00. The County contributed the remaining $15,000.00. A jury could have found that the County was primarily responsible for the accident due to the actions of its inmate flagman in signaling to Ms. McDaniel to proceed through the intersection. In addition, Mr. Sarnacki had over $8,000.00 in unpaid medical bills from his treatment from Dr. McGrath and other providers, including the MRI provider.

This settlement is within the realm of jury verdicts for a soft tissue, permanent neck injury with the possibility of a bulging disc being attributed to the accident. In addition, liability is unfavorable to the County. This office recommends the settlement of $15,000.00 as being a reasonable resolution of this lawsuit in conjunction with the contribution from USAA of an equal share of $15,000.00.

Attached to this recommendation is a copy of the Mediation Settlement Agreement signed between the parties.

BUDGETARY IMPACT:

$15,000.00 to be paid from general reserve funds.

LEGAL CONSIDERATIONS/SIGN-OFF:

Charles V. Peppler will prepare general release and other settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement