Agenda

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County Attorney's Report 9. 3.

BCC Regular Meeting

Action

Meeting Date:	03/03/2016
Issue: Notice of Tort Claim of Tiaria Pierce - Date of Loss March 16, 2015
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning payment of administrative tort claim in the sum of $16,000.00 to Tiaria Pierce and her attorney, Christopher Vlachos.

That the Board approve payment in the sum of $16,000.00 to Tiaria Pierce and Christopher Vlachos, her attorney, in exchange for the execution of a General Release and Hold Harmless Agreement.

BACKGROUND:

Ms. Pierce has filed a notice of claim pursuant to § 768.28, Fla. Stat. pertaining to injuries suffered in an automobile accident in which she was the driver of a four-door sedan which was struck in the rear by an ambulance driven by a County EMT. The driver of the ambulance was ticketed for careless driving. Ms. Pierce was transported to Sacred Heart Hospital for emergency treatment. Immediately after the accident, she complained of neck and back pain, according to the patient care form prepared by a second ambulance crew who attended to her and transported her to the hospital. Treatment at Sacred Heart Hospital confirmed that Ms. Pierce was experiencing pain to her neck, and lower back pain following the collision. She was prescribed pain and anti-inflammatory medication.

After being discharged from the hospital, she followed up with Dr. Erin Currier, D.C., a chiropractic physician who treated her for headaches and neck and back pain for a period of approximately four months. Her chiropractic physician eventually discharged her with a 15% permanent impairment to the whole person according to the AMA Guides to the Evaluation of Permanent Impairment. Dr. Currier recommended limitations on activities of refraining from lifting anything over thirty pounds, activities involving pushing or pulling of the shoulders, and bending or twisting at the waist, as these movements would exacerbate injuries to the upper and lower back. According to Dr. Currier, Ms. Pierce would need supportive care approximately one to two times per month in the future to reduce the symptoms of this type of traumatic injury. She also opined that Ms. Pierce would be predisposed to developing post-traumatic osteoarthritis in the neck and lower back areas of her spine.

It is the recommendation of this office to settle this claim for the sum of $16,000.00, as it is within the reasonable range of verdicts for this type of injury. This settlement is being made pre-suit and will avoid the costs to the County of engaging an independent medical examiner in the realm of orthopedic practice and retaining a biomechanical engineer to determine the forces exerted on Ms. Pierce's spine from the rear-end accident. Although Ms. Pierce's PIP insurance paid for a majority of her medical expenses, she has $9,982.95 in unpaid medical expenses.

BUDGETARY IMPACT:

$16,000.00 to be paid from general reserves.

LEGAL CONSIDERATIONS/SIGN-OFF:

County Attorney's Office will prepare general release and hold harmless agreement.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.