Agenda

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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	08/17/2017
Issue: Authorize Settlement of the Administrative Claims for Tort Damages Brought by Daniel Cain and Peggy Diane Cain in the sum of $90,000.00
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Authorizing Settlement of the Administrative Claims for Tort Damages Brought by Daniel Cain and Peggy Diane Cain in the sum of $90,000.00

That the Board take the following action:

A. Authorize settlement of the administrative claims for tort damages brought by Daniel Cain and his wife, Peggy Diane Cain, in the sum of $90,000.00; and

B. Authorize the County Attorney’s Office to draft a general release and hold harmless agreements to be executed by Mr. and Mrs. Cain in exchange for the payment of $90,000.00.

[Payment from 501, Internal Service Fund]

BACKGROUND:

Daniel Cain was the driver of a Jeep and trailer on Muscogee Road on April 21, 2015. At that time, a Roads and Bridges truck carrying waste tires was traveling in the opposite direction to Mr. Cain’s vehicle. A tire became dislodged from the bed of the County truck and bounced into the lane of travel of Mr. Cain’s vehicle. In his attempt to avoid collision with the tire, Mr. Cain lost control of the vehicle colliding with a Waste Management Solid Waste vehicle, rolling over and causing the partial ejection of Mr. Cain.

Mr. Cain sustained facial injuries and lacerations in addition to injuries to his neck, thoracic spine and right shoulder. He retains scars to his forehead. After treatment, he was given a permanent impairment rating of 8% of the body as a whole. He continues to have pain in the neck, back and right shoulder.

Due to the severity of his injuries from the rollover, Mr. Cain had to be Life-Flighted to the hospital. The LifeFlight bill in and of itself was $59,657.64. Mr. Cain has liens outstanding to his health care insurer, medical payments coverage to his automobile insurance and medical providers totaling over $40,000.00. As the County is primarily at fault in this particular accident, a jury verdict could well exceed $200,000.00 which is the statutory maximum per person under the Waiver of Sovereign Immunity Act for tort claims. Mrs. Cain would also be entitled to damages for loss of consortium.

This office recommends the settlement of $90,000.00.

BUDGETARY IMPACT:

Payment from 501, Internal Service Fund

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

County Attorney’s Office will prepare the appropriate documents for settlement

Attachments
No file(s) attached.