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County Attorney's Report 13. 1.

BCC Regular Meeting

Action

Meeting Date:	06/03/2014
Issue: Settlement of Claim Brought by Mr. Alexie Kelly
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of Claim Brought by Mr. Alexie Kelly.

That the Board approve a settlement of the notice of claim presented by Alexie Kelly for a payment of $19,000 in exchange for the execution of a general release and hold harmless agreement.

BACKGROUND:

On June 7, 2012, Mary Merritt was operating a County ambulance traveling on an emergency call, westbound on Fairfield Drive (SR 295) with lights and siren activated. It had been raining throughout the day. As Ms. Merritt approached the intersection with Ruby Avenue, the ambulance hydroplaned and collided with a delivery truck which Mr. Kelly was operating. Mr. Kelly had been stopped for a red light and did not have adequate time to take evasive action. Kenneth Simmons was a passenger in the truck and has a lawsuit pending against the County.

Mr. Kelly was transported and admitted to the Baptist Hospital Emergency Room with complaints of a head injury, bilateral knee pain as well as low back pain. The ER physician examined Mr. Kelly and ordered x-rays. Mr. Kelly was given pain medication and released from the ER with instructions to follow up with a physician if he was still in pain and his symptoms didn't improve when he returned to his home in Jacksonville, Florida.

Mr. Kelly sought treatment at Physicians Medical Center Northside where he was treated for neck and back sprain/strain. When Mr. Kelly was not improving after receiving treatment in July and August, Dr. Kersey ordered an MRI. The MRI revealed that Mr. Kelly was suffering from a herniated disk at L5/S1 of his spine. After further treatment concluded in December 2012, Dr. Kersey assigned Mr. Kelly a partial permanent impairment rating of 8% of the whole person.

At the present time, Mr. Kelly has a worker's compensation medical lien with FCCI Insurance Group of approximately $3,800 and owes out of pocket medical expenses in the sum of $13,900. His expenses relating to his injury comes to $17,700. The lien will be paid from the proceeds of the settlement.

It is this office's recommendation that the Board approve the settlement as a reasonable compromise recognizing the uncertainty of litigation should this claim proceed to Florida courts.

BUDGETARY IMPACT:

Funds for the settlement proceeds will be provided from Fund 501, Account 239898.

LEGAL CONSIDERATIONS/SIGN-OFF:

Charles V. Peppler, Deputy County Attorney, prepared the Recommendation and will ensure that all requirements of this settlement, if approved, are completed.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

The County Attorney's Office will work with the Risk Management Division to effectuate settlement upon approval.

Attachments
No file(s) attached.