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County Attorney's Report 10. 1.
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| BCC Regular Meeting |
Action |
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| RECOMMENDATION: |
Recommendation Concerning Approval of Settlement of the Case of Reuben Berry as Personal Representative of the Estate of Rodney J. Berry v. Escambia County, Florida, Ashley N. Palmer and Debbie H. Smiley, Case No. 3:17-cv-683-RV/CJK, United States District Court, Northern District of Florida.
That the Board take the following action:
A. Approve a settlement payment of $850,000.00, with the County to pay $107,500.00 of that amount as its insurance deductibles, to Reuben Berry as Personal Representative of the Estate of Rodney J. Berry in exchange for the execution of a general release and hold harmless agreement and that the Estate cooperate in obtaining a dismissal with prejudice of the pending lawsuit; and
B. Ratify the execution of the Mediated Settlement Agreement and General Release by Charles V. Peppler, Deputy County Attorney, a copy of which is attached. |
| BACKGROUND: |
Beginning in the late evening of May 26, 2015 and continuing through the early morning of May 27, 2015, Rodney Jamal Berry, who was an inmate at the Escambia County Jail as a pretrial detainee, began complaining of vomiting and diarrhea. Medical personnel from the Jail Infirmary provided treatment for those symptoms. However, before Mr. Berry could be seen by a registered nurse at sick call that morning, Mr. Berry expired. An autopsy was performed. The Medical Examiner concluded that atherosclerosis was a factor which contributed to his death. The attorneys for the Estate contend that the symptoms being shown by Mr. Berry were the result of the side effects of prescribed medicines which were indicators of a life-threatening health condition requiring emergency treatment at a hospital.
The Estate brought suit against Escambia County, Ms. Palmer and Ms. Smiley, alleging counts for negligence under Florida law, as well as counts for deliberate indifference to the federal civil rights of Mr. Berry to receive adequate and appropriate medical treatment while in the care, custody and control of the Jail. The federal civil rights counts are not subject to the Florida waiver of sovereign immunity cap which would limit the damages for any tort claims to a maximum of $200,000.00 per person/$300,000.00 per occurrence. Consequently, a jury could award damages to the surviving son of Mr. Berry, Jaylen Helton, as he was a minor at the time of the death, well in excess of the sovereign immunity cap.
Both of the County's insurance carriers, Lloyd's Syndicate, the detention liability company, and Markel Insurance Company, the medical malpractice carrier, will share responsibility for payment of the settlement. Under both policies combined, the County's deductible totals $107,500.00. Therefore, under the terms of both policies, the County would be responsible for payment of $107,500.00. It should be noted that much of the deductible has already been spent in reimbursing the attorney's fees billed by County's retained counsel. The amount to be contributed by the County under the deductible will be determined once attorney fee billing is completed.
The settlement is within the range recommended by insurance counsel for the County and is within the range of reasonable verdicts for this type of claim. The Mediated Settlement Agreement and General Release has been executed by the personal representative as well as the survivor of the estate and the County's representative at the mediation. |
| BUDGETARY IMPACT: |
| The appropriate reserves from Internal Service, 501 Fund have been set to fund the deductible portion of the settlement. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Retained counsel has prepared the settlement documents. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| N/A |
| IMPLEMENTATION/COORDINATION: |
| N/A |
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