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County Attorney's Report 16. 2.
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| BCC Regular Meeting |
Action |
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| RECOMMENDATION: |
Recommendation Concerning Kenneth Brian Malarik, Sr. v. Escambia County Area Transit, Escambia County, and First Transit, Inc., Case No.: 2015 CA 001616.
A. That the Board approve First Transit, Inc. through its liability carrier, National Interstate Insurance Company, to provide a defense for and to indemnify the County in the pending lawsuit brought by Kenneth Brian Malarik, Sr. as shown above.
B. That the Board approve the substitution of counsel of Elizabeth A. Parsons, of Wilson, Harrell, Farrington, Ford, Wilson, Spain and Parsons, P.A., as attorney for Escambia County and require that she and her firm assume all duties and obligations of representing the County in the pending lawsuit.
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| BACKGROUND: |
Escambia County had in place a Management Services Agreement (MSA) with First Transit, Inc. to manage and operate the mass transit system publicly owned by Escambia County as the owner of Escambia County Area Transit. Under the MSA, the County is also the owner of all buses which are operated to provide mass transit services to the citizens of Escambia County.
On October 23, 2015, Escambia County was served with a complaint for damages brought by Kenneth Brian Malarik, Sr., who alleges that he was a passenger in a bus owned by ECAT and Escambia County which was involved in an automobile accident at the intersection of Garden and Tarragona Streets in Pensacola, Florida on March 5, 2014. According to the terms of the MSA, First Transit would be required to defend and indemnify the County. Pursuant to a demand from this office to accept the tender of defense and to indemnify the County, First Transit’s liability carrier, National Interstate Insurance Company, has agreed to accept the tender of defense and to indemnify the County with respect to the claims brought by Mr. Malarik. Attached to this recommendation is a copy of the letter from National Interstate accepting the tender of defense and the obligation to indemnify the County.
National Interstate has already retained Elizabeth Parsons of Wilson, Harrell, et al., to represent ECAT and First Transit. Ms. Parsons is an experienced trial attorney and has defended numerous personal injury claims as a partner in the Wilson, Harrell law firm. She will ably and vigorously defend the County from the claims brought by Mr. Malarik.
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| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| This office will prepare a stipulation for substitution of counsel for signature by Ms. Parsons and submit to the presiding trial judge for approval. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| N/A |
| IMPLEMENTATION/COORDINATION: |
| Attachments: December 3, 2015 letter from National Interstate Insurance Company. |
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