Agenda

Back to Calendar Return

County Attorney's Report 11. 2.

BCC Regular Meeting

Action

Meeting Date:	05/21/2020
Issue: Approval of Proposed Settlement in the Case of Jerry Gulley v. Escambia County, Case No. 2019 CA 000222.
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement in the Case of Jerry Gulley v. Escambia County, Case No. 2019 CA 000222.

That the Board approve the proposed settlement of payment of $25,000.00 to Jerry Gulley in exchange for a General Release of all Claims, and Hold Harmless Agreement and Medicare Addendum and a stipulation for dismissal with prejudice of the pending lawsuit.

BACKGROUND:

On March 11, 2016, Jerry Gulley was an inmate at the main Escambia County Jail, housed in Red Two Blue Pod. He was sitting at a table next to a set of bunkbeds which were not fastened to the floor. Other bunkbeds in the pod area were bolted to the floor. When another inmate climbed onto the top bunk, the bunkbed tipped over onto Mr. Gulley, causing him injury.

Mr. Gulley, represented by counsel, alleges injuries to his left shoulder, back and left knee from this incident. He received injections for his back, and underwent surgery for both his shoulder (rotator cuff) and knee (replacement). He has also engaged with extensive physical therapy. Gulley’s treating physician gave the opinion that these injuries are the result of the bunk striking him. Mr. Gulley claims to have continuing issues with pain and limitation of motion.

Excluding Mr. Gulley’s more recent knee replacement (for which we do not have verifiable bills), Mr. Gulley’s medical bills total $115,293.82. Although insurance adjustments would only make only a portion of this recoverable, a jury would see the full amount when considering damages for pain and suffering. Insurance counsel estimates that Mr. Gulley’s damages at trial could exceed $100K, including pain and suffering.

It should be noted that although a video of the accident was preserved with the initial incident report, the video can no longer be located. Florida law provides that a claim for spoliation of evidence can be pursued if material evidence was lost or destroyed. As the main contention of liability in this case is that the bunkbed in question was not properly secured to the floor, the video could have revealed evidence as to its instability when the inmate climbed to the top bunk. The video could also show that Mr. Gulley sitting at the table would not be at fault for the accident occurring. If the Court agreed with a claim of spoliation, it could instruct a jury at trial to presume that such is true.

Based on the circumstances surrounding the accident, the loss of the video, and the ensuing injuries to Mr. Gulley, Western Litigation, our third-party administrator for our detention liability carrier, and Scott Seagle, our insurance counsel, have recommended a settlement in the sum of $25,000.00 in exchange for a full and complete release of all liability by Mr. Gulley and his attorney. Because this sum is within the deductible, the County would be responsible for payment in full.

BUDGETARY IMPACT:

501, Internal Service.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.