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County Attorney's Report 9. 1.

BCC Regular Meeting

Information

Meeting Date:	08/15/2019
Issue: Georgia Davis v. Escambia County, Case No. 2017 CA 000893
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Georgia Davis v. Escambia County, Case No. 2017 CA 000893

That the Board accept the following information: Honorable Lacey Powell Clark, Circuit Judge, granted the County's Motion for Final Summary Judgment on the grounds that the Plaintiff did not follow the appropriate procedure as outlined in Section 768.28(6)(a), Fla. Stat., by failing to file a written notice of claim with the Department of Financial Services within three years of the date of her accident. Because this was not done, Plaintiff lost the right to bring a claim for personal injuries against Escambia County.

The Court has reserved jurisdiction to award taxable costs for transcription costs in the taking of Plaintiff's deposition and in obtaining a copy of the deposition of Michele Mobley. These taxable costs total $551.75 and will be assessed against Plaintiff at a later date.

As Plaintiff does not reside locally, this office recommends that the Board waive taxable costs in exchange for her attorneys filing and serving a notice of dismissal with prejudice to bring this matter to final closure. It is unknown at this time whether Plaintiff will accede to this offer of resolution.

BACKGROUND:

N/A

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
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