Agenda

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County Attorney's Report 11. 1.

BCC Regular Meeting

Action

Meeting Date:	07/18/2017
Issue: Recommendation Concerning Approval of Mediated Settlement Agreement in the Case of the Estate of James Brumley v. Escambia County
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Mediated Settlement in the Sum of $70,000.00 in the Case of Charles Brumley as the Personal Representative of the Estate of James Brumley v. Escambia County, Case No.: 2015 CA 001814

That the Board take the following action:

A. Approve the settlement reached during mediation in the sum of $70,000.00 to be paid to Charles Brumley as Personal Representative of the Estate of James Brumley and his attorneys in exchange for the execution of a general release and stipulation for dismissal with prejudice, and;

B. Authorize Scott Seagle, attorney for the County, to execute a stipulation for dismissal with prejudice once the appropriate releases are executed and delivered to Mr. Seagle and settlement payment is made.

[Funding: Fund 501, Balance Sheet Account 239898]

BACKGROUND:

James Brumley was arrested on October 28, 2014 for various misdemeanor charges, one of which was driving under the influence. After arrest, Mr. Brumley was brought to the County jail. Mr. Brumley went through the normal intake screening processes and was classified as minimum security without risk of suicide. Mr. Brumley was evaluated by a physician who diagnosed Mr. Brumley as suffering from alcohol dependence. The physician placed Mr. Brumley on an alcohol detoxification protocol which required Mr. Brumley to remain in the infirmary under the supervision of health care staff. The County’s policy for observing inmates who were in the infirmary under minimum security called for visual checks at least once every hour.

On November 2, 2014, Mr. Brumley was escorted to the shower room to take a shower by a correctional officer. Mr. Brumley had concealed in his towel or on his person a torn piece of bed sheet. During the time that he was taking the shower, Mr. Brumley hanged himself with the bedsheet and could not be resuscitated. He was survived by his parents. Charles Brumley, Mr. Brumley's father, as Personal Representative of his estate, brought suit in Escambia County Circuit Court alleging negligence by the County in not searching Mr. Brumley before taking a shower and for allowing a significant amount of time to pass before Mr. Brumley was discovered hanged. The Estate alleged that Mr. Brumley had complained to jail personnel about feeling depressed which should have alerted jail personnel that he was a suicide risk requiring more scrutiny.

Scott Seagle, of the law firm of Coppins Monroe, was retained by the County's liability detention carrier to represent and defend the County. Mr. Seagle filed an extensive motion for summary judgment requesting the Circuit Court to enter a judgment in favor of the County on the grounds that the setting of policies by the County was a discretionary activity, immune from lawsuit, and that the County was not negligent in the frequency of observing Mr. Brumley, as there were no facts that Mr. Brumley was suicidal.

This settlement acknowledges the uncertainties of litigation as the motion for summary judgment, if denied, would have required a jury trial in which the sympathies of a jury may have rested with the grieving parents of Mr. Brumley. The settlement is well within the lower range of expected verdicts should the case have proceeded to a jury trial. Attached to this recommendation is the mediated settlement agreement and general release executed by Charles Brumley as the Personal Representative of the Estate of James Brumley. The County will be funding this settlement in part with the liability insurance company as there is a $100,000.00 deductible under the policy.

BUDGETARY IMPACT:

Fund 501, Balance Sheet Account 239898

LEGAL CONSIDERATIONS/SIGN-OFF:

Mr. Seagle will obtain the necessary documents to effectuate a settlement and execute stipulation for dismissal with prejudice.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement with Addendum, and General Release