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