Agenda

Back to Calendar Return

County Attorney's Report 12. 3.

BCC Regular Meeting

Action

Meeting Date:	08/01/2019
Issue: Authorize Settlement of the Notice of Claim filed by David Keltner in the amount of $62,500.00.
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Authorizing Settlement of the Notice of Claim filed by David Keltner in the sum of $62,500.00.

That the Board authorize settlement of the Notice of Claim filed by David Keltner in the sum of $62,500.00 in exchange for the execution of a general release and hold harmless agreement, including a Medicare release addendum.

BACKGROUND:

On January 23, 2018, Mr. Keltner was operating his motor vehicle in a westerly direction through the intersection of W Street and Fairfield Drive when his motor vehicle collided with a Public Safety Department SUV operated by Dr. Paul Henning traveling south on W St. Dr. Henning was at that time the Medical Director for the Public Safety Department and the Department of Corrections. Dr. Henning had his lights and sirens in operation. However, Dr. Henning did not proceed with reasonable caution and arguably caused the collision. In addition, Dr. Henning violated EMS policy by proceeding through the intersection above the speed limit. The policy mandates that an emergency vehicle proceed through an intersection at or below speed limit in a safe manner. Once the vehicle has cleared the intersection, it can then proceed 10-15 mph above the speed limit. W Street has a posted limit of 45 mph.

As a result of the collision, Mr. Keltner suffered substantial injuries to his neck, shoulder and chest. An MRI of his cervical spine revealed non-displaced traumatic fractures of the posterior elements of his cervical spine at C2-C3, as well as on the left posterior vertebrae at C7-T1. He began seeing a pain management specialist who diagnosed Mr. Keltner with cervicalgia as a result of the motor vehicle accident. His pain management specialist performed nerve blocks to the cervical spine and dorsal (mid-back) area of the spine. Mr. Keltner has worked sporadically since the accident and, therefore, would have loss of wages and earning capacity claims from his injuries.

A review of verdicts and settlements for neck and back injuries similar to Mr. Keltner reveals an average of $85,000.00. This settlement is below the average of the range of verdicts and settlements. In addition, due to the circumstances of the accident, the County would more than likely accept full responsibility for causing the accident. A jury would then be impaneled, if settlement is not reached, to resolve the amount of damages owed. Liability would not be contested.

Therefore, it is this office's recommendation to proceed with a settlement of $62,500.00 in exchange for a general release and hold harmless and Medicare release addendum.

BUDGETARY IMPACT:

Appropriate reserves from Internal Service, 501 Fund, have been set.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.