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County Attorney's Report 11. 6.

BCC Regular Meeting

Action

Meeting Date:	01/07/2016
Issue: Nathan Christian v. Escambia County Board of County Commissioners - Case No.: Pending
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Nathan Christian v. Escambia County Board of County Commissioners, Case No. Pending.

Recommendation that the Board approve a settlement of $13,500.00 concerning Nathan Christian v. Escambia County Board of County Commissioners in exchange for the execution of a general release and hold harmless agreement and dismissal of pending litigation.

[Funding: Fund 501, Cost Center 239898]

BACKGROUND:

On December 6, 2014, Officer Stephen Pickard was transporting inmates to work release housing in a Jail Transport van. Mr. Christian was one of the inmates being transported. Mr. Christian was seated directly behind Officer Pickard and was handcuffed to another inmate. Officer Pickard backed the transport van into a magnolia tree, at which time Mr. Christian injured his head, neck, shoulder and back. In a recorded interview with Mr. Christian’s attorney, Andre Lama, Dr. Kelly Donaldson found that Mr. Christian had sustained a permanent injury to his cervical and lumbar spine as a result of the accident and would need approximately $3,000-$4,000 per year in future medical expenses for treatment. Dr. Donaldson charged over $10,000.00 for chiropractic treatment to Mr. Christian’s neck and back.

This claim is within the range of settlements for a permanent injury to the neck and back. Although the claim appears to be defensible on the issue of the nature and extent of injury suffered by Mr. Christian, the County would have to retain an orthopedic surgeon and a biomechanical engineer at a significant cost to support any defenses that Mr. Christian did not suffer a permanent injury. This settlement ensures that County would not be exposed to further costs or to court awarded attorney’s fees if certain legal requirements are met.

BUDGETARY IMPACT:

$13,500.00 payment from general reserves.

LEGAL CONSIDERATIONS/SIGN-OFF:

County Attorney’s Office will prepare a general release and hold harmless agreement and a stipulation for dismissal with prejudice.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.