Agenda

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County Attorney's Report 11. 2.

BCC Regular Meeting

Action

Meeting Date:	08/20/2015
Issue: Danielle Riggins v. Esc. Co., Esc. Co. Community Affairs Dept. & Marilyn Wesley, as Director of Community Affairs Dept.
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning representation of Marilyn Wesley in the matter of Danielle Riggins v. Escambia County, as political subdivision of the State of Florida, Escambia County, Community Affairs, Department, and Marilyn Wesley, in her official capacity, as Director of the Escambia County Community Affairs Department, Case No.: 2015 CA 001258.

That the Board authorize the County Attorney’s Office to provide a defense for and representation of Marilyn Wesley as the former Director of the Escambia County Community Affairs Department.

BACKGROUND:

On August 30, 2013, a pet dog named “Cowgirl” owned by Danielle Riggins was negligently euthanized by the animal shelter. At that time, the animal shelter was under the purview of the Department of Community Affairs with Ms. Wesley as its Director. Ms. Riggins filed a notice of claim with the County and with the Department of Financial Services claiming damages for pain and suffering from the negligent euthanization of her dog. Suit has been filed against Escambia County, the Escambia County Community Affairs Department and Marilyn Wesley in her official capacity, as Director of the Escambia County Community Affairs Department. A motion to dismiss has been drafted by this office and will have been filed and served at the time of this recommendation coming before the Board. The basis of the motion to dismiss is that Florida law does not recognize damages for pain and suffering by a pet owner where a pet is negligently destroyed by another person or governmental entity. Florida follows the Impact Rule, which requires some physical impact prior to the recovery of damages for negligent conduct. In addition, the most that Ms. Riggins can claim due to negligent destruction is the market value of her dog prior to death, with some consideration given for any special services that the dog provided prior to death, such as acting as a service dog. In addition, § 768.28(9), Fla. Stat. precludes the filing of a lawsuit against a County employee for negligent conduct. At the time of the destruction of Ms. Riggins’ pet dog, Ms. Wesley was the Director of the Department of Community Affairs and was employed by the County. As such, she would be entitled to a defense and representation because all of the allegations of the Complaint allege conduct that took place while she was an employee of the County. There will not be a conflict of interest in representing Ms. Wesley and the County based on the allegations of negligence by Plaintiff.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney’s Office will represent the County and Ms. Wesley and provide a defense for the County and Ms. Wesley during the course of any litigation.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Board Policy on the Legal Representation for Commissioners and County Employees