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County Attorney's Report 12. 8.

BCC Regular Meeting

Action

Meeting Date:	05/05/2016
Issue: Barney Cash & Irene Cash v. Escambia County Case No.: 2014 CA 000500, Escambia County Circuit Court
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of Barney Cash and Irene Cash v. Escambia County, Case No.: 2014 CA 000500, Escambia County Circuit Court.

That the Board take the following action:

A. Approve a settlement payment of $31,500.00 to Barney Cash and Irene Cash, his wife, in final settlement of the case styled: Barney Cash and Irene Cash vs. Escambia County Board of County Commissioners, Case No.: 2014 CA 000500, Escambia County Circuit Court; and

B. Authorize the County Attorney’s Office to accept a general release and hold harmless agreement executed by Barney Cash and Irene Cash; and

C. Authorize the County Attorney’s Office to execute a stipulation for dismissal with prejudice upon receipt of the general release and hold harmless agreement.

[Funding: Fund 501, Balance Sheet Account 239898]

BACKGROUND:

Mr. Barney Cash was the driver of an automobile which was involved in a collision with a County owned ambulance driven by County employees on October 22, 2012. Clifton Underwood was a passenger in the automobile driven by Mr. Cash. Mr. Underwood was severely and permanently injured and his case settled for the total sum of $195,000.00. Mr. Barney Cash claimed injury to his back, but has extensive pre-existing conditions involving his low back and both knees which limited his mobility. A jury would have taken these pre-existing conditions into account in determining whether Mr. Cash suffered a permanent injury from the collision of October 22, 2012. This office met with the Board in an attorney/client session on June 2, 2015 and was given maximum settlement authority of $30,000.00. After this meeting, Deputy County Attorney Charles V. Peppler conducted negotiations with the attorney representing Mr. and Mrs. Cash who proposed to settle this case for an additional $1,500.00, for a total sum of $31,500.00. This office recommends settlement with the additional sum.

BUDGETARY IMPACT:

[Funding: Fund 501, Balance Sheet Account 239898]

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney, Charles V. Peppler negotiated the settlement and 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.