Agenda

Back to Calendar Return

County Attorney's Report 11. 3.

BCC Regular Meeting

Action

Meeting Date:	09/03/2020
Issue: Approve Settlement of the Case of Frank Nichols v. Escambia County, Case No. 2020 CA 000720
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Settlement of the Case of Frank Nichols v. Escambia County, Case No. 2020 CA 000720 in the Sum of $20,000.00, with the County being Responsible for $3,998.41.

That the Board:
A. Approve the proposed settlement of payment of $20,000.00 to Plaintiff Frank Nichols in exchange for an executed general release and hold harmless agreement.

B. Authorize retained insurance counsel to execute a stipulation for dismissal with prejudice on behalf of Escambia County.

C. Authorize retained insurance counsel and Deputy County Attorney Charles V. Peppler to execute the attached general release and hold harmless agreement on behalf of Escambia County.

BACKGROUND:

On May 18, 2018, County employee Claranetta Wiggins was operating an ECAT bus which rear-ended a motor vehicle that was pushed into the motor vehicle owned and operated by Mr. Nichols. Liability is clear, as the County's operator was negligent in the operation of the bus.

As a result of the accident, Mr. Nichols sustained injuries to his neck and left shoulder. His treatment was primarily chiropractic, but he began receving injections to his neck to alleviate the pain. An MRI in July 2019, revealed a herniation of the disk at C4-C5 level. As of January 2020, he is undergoing pain management therapy in the form of facet injections. He has incurred medical expenses for which he owes approximately $4,000.00. As Mr. Nichols was 68 years old at the time of the accident, and had been retired, there is no claim for lost wages or earning capacity.

Based upon a review of comparable verdicts and settlements for the type of injuries sustained by Mr. Nichols, Eric Krebs, of the Warner Law Firm, insurance counsel, believes a verdict in the range of $20,000.00 to $50,000.00 is more than likely. The proposed settlement of $20,000.00 is recommended by Mr. Krebs for approval. As the County has a $10,000.00 deductible with Preferred Governmental Insurance Trust, the County will be responsible for $3,998.41 of the settlement due to a past payment of property damage to Mr. Nichol's automobile.

BUDGETARY IMPACT:

Deductible payment as above.

LEGAL CONSIDERATIONS/SIGN-OFF:

Retained counsel has and will prepare the settlement documents. Deputy County Attorney Charles V. Peppler will sign the general release on behalf of the County.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement and General Release