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County Attorney's Report 13. 2.

BCC Regular Meeting

Action

Meeting Date:	01/21/2016
Issue: Summit Holdings Southeast, et al., v. Escambia County, Case No. 2015 CA 000808
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Summit Holdings Southeast Inc d/b/a Summit, as servicing agent for RetailFirst Insurance Company, as subrogee of Helen Gonzalez v. Escambia County, Case No. 2015 CA 000808, Escambia County Circuit Court.

A. That the Board approve a settlement payment of $13,250.00 to Summit Holdings Southeast Inc. d/b/a Summit, as servicing agent for RetailFirst Insurance Company, as subrogee of Helen Gonzalez in Case No. 2015 CA 000808 in exchange for the execution of a general release and hold harmless agreement and a stipulation for dismissal with prejudice.

B. That the Board authorize the County Attorney’s Office to execute a stipulation for dismissal once the general release is executed and delivered to the County Attorney’s Office and settlement payment is made.

BACKGROUND:

On May 15, 2013 Jackie Mathis, an Escambia County employee working as a fuel technician with the Fleet Maintenance Department of Public Works, was proceeding east on Blue Angel Parkway when a minivan operated by Helen Gonzalez stopped abruptly in front of Mr. Mathis’ vehicle causing him to strike the rear of the minivan. An Incident Review Board was convened approximately two months later and found that Mr. Mathis was primarily accountable for the accident, with some extenuating circumstances of intentional conduct by Ms. Gonzalez in stopping abruptly in front of Mr. Mathis’ vehicle. In any event, a jury would most likely find that Mr. Mathis was at fault as he was the following vehicle.

Ms. Gonzalez was driving the minivan in the course and scope of her employment with the Community Action Program. She claims to have sustained a neck and left shoulder strain related to the motor vehicle accident. Her employer’s worker’s compensation carrier, RetailFirst Insurance Company, paid worker’s compensation benefits for medical treatment together with a washout settlement which totaled $16,573.48. RetailFirst worker’s compensation was administered by Summit Holdings, which served a proposal for settlement in the sum of $13,250.00 to recoup worker’s compensation benefits paid on behalf of Ms. Gonzalez and caused by the alleged tortious conduct of Mr. Mathis.
Because there is some evidence that Mr. Mathis was at fault in causing the accident and because worker’s compensation benefits were paid for a work-related injury which would have some semblance of credibility before a jury, it is recommended that the proposal for settlement be accepted and approved by the Board so as to avoid exposure for attorney’s fees if a verdict exceeds the proposal by 25%.

BUDGETARY IMPACT:

Payment of $13,250.00 from general reserve fund.

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney, Charles V. Pepper will prepare the settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.