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HomeMy WebLinkAbout2013 03 25 Consent 203 Final Approval - Mediation - Sharon Goff v. CityCOMMISSION AGENDA ITEM 203 March 25, 2013 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular KS City Manager Department The City Attorney requests that the City Commission grant final approval of a tentative settlement that was reached at mediation in the auto accident case Sharon Goff v. City of Winter Springs. SYNOPSIS: On the morning of August 6, 2012 at approximately 5:30 a.m., a City police officer rear - ended (25 -30 mph) the Plaintiffs automobile as they approached an intersection. Plaintiff suffered injuries. The case was mediated on March 12, 2013 and a tentative settlement was reached in the amount of $70,000 contingent upon the City Commission's approval. The Settlement requires dismissal of the lawsuit with prejudice and a mutually acceptable release of any future City liability. CONSIDERATIONS: 1. On the morning of August 6, 2012 at approximately 5:30 a.m., a City police officer rear - ended (25 -30 mph) the Plaintiff s automobile as they approached an intersection. 2. Plaintiff claimed that she suffered injuries caused by the accident. 3. Plaintiff filed a law suit claiming damages due to her alleged injuries. The law suit was tendered to the City's insurance carrier and coverage /defense was provided by the carrier. 4. The City attended mediation on March 12, 2013 and a tentative settlement was reached in the amount of $70,000. The settlement is contingent upon the City Commission's approval. The Settlement requires dismissal of the lawsuit with prejudice and a mutually Consent 203 PAGE 1 OF 2 - March 25, 2013 acceptable release of any future City liability. 5. Due to the nature of the case, the Mayor and City Commissioners should contact the City Attorney or City Manager regarding more details if they have any questions. FISCAL IMPACT: The settlement is covered by the City's insurance policy. However, the City has a per incident deductible for this type of case in the amount of $25,000. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager recommend approval of the settlement reached at mediation. ATTACHMENTS: None Consent 203 PAGE 2 OF 2 - March 25, 2013