FISCAL IMPACT This item has a fiscal impact of The City s deductible is which can be funded from contingency

Transcription

1 CITY OF DeLAND FLORIDA REQUEST FOR COMMISSION ACTION September Attachments Department Cty Manager Subject Consderaton re Approval o X Settlement Agreement Settlement Agreement wth Jerey Crabtree Prepared by Approved by Department Head Mchael Pleus Cty Manager SUMMARY HIGHLIGHT Ths case arose out o an ncdent that occurred on July Detectves were workng an undercover detal n an unmarked polce vehcle Whle drvng wthn the Cty they observed a red vehcle drvng n an area where there had been reports o a red vehcle that had been assocated wth some home burglares They decded to observe ths vehcle and wthn a short perod o tme wtnessed the drver al to stop at a stop sgn They attempted to ollow the vehcle n order to get nto a poston to make a trac stop The vehcle turned onto Boundary Road and accelerated away rom ther locaton Ater turnng onto Boundary the red vehcle passed a black SUV travelng n the same drecton on Boundary The ocers turned onto Boundary and actvated ther emergency lghts n an attempt to get the black SUV to pull over so they could keep vsual contact wth the red car that was now acceleratng away rom them at a hgh rate o speed As soon as the black SUV pulled over the polce ocers deactvated ther emergency lghts At that tme the ocers could clearly see that the red car was a long dstance rom them and there was no practcal way to aect a trac stop They mmedately pulled over and stopped ther car Shortly ater pullng over they could see that the leeng red vehcle had collded wth another vehcle at the ntersecton o Boundary and New York They then reactvated ther lghts and proceeded to the ntersecton As a result o the collson Mr Crabtree was klled when the drver o the red vehcle ran the stop sgn at New York Avenue at a hgh rate o speed and struck Mr Crabtree s vehcle n the ront passenger door Counsel or the Cty s nsurance company deposed the ocers and wtnesses n ths case and beleves the Cty would lkely preval n ths case However the estmated cost o preparng the case or tral exceeds that o the settlement oer o As a result PGIT oered a settlement o and the Plant has accepted PGIT now requests that the Cty Commsson approve the settlement n the amount o STRATEGIC PLAN FOCUS AREVACTION STEP SUSTAINABILITY FISCAL IMPACT Ths tem has a scal mpact o The Cty s deductble s whch can be unded rom contngency RECOMMENDATION by PGIT and nsurance counsel Sta recommends approval o the settlement oer as recommended

2 Page 2 o 2 September SUBJECT Consderaton re Approval o Settlement Agreement wth Jerey Crabtree BACKGROUND DISCUSSION

3 Roper PA ATTORNEYS AT LAW Bell MICHAEL M BELL 2707 EAST JEFFERSON STREET D CHRISTIAN ANDERSON MICHAEL H BOWLING ORLANDO FLORIDA DAVID B BLESSING MICHAEL J ROPER TELEPHONE ANNA E ENGELMAN DALE A SCOTT FACSIMILE CHRISTOPHE R FAY JOSEPH D TESSITORE SHERRY G HOPKINS Emal oce@bellroperlaw com www bellroperlaw com JENNIFER P KILLEN DANI S THEOBALD CINDY A TOWNSEND September Va E Mal Pleusmndeland om Mchael Pleus Cty Manager Cty o Deland 120 South Florda Avenue DeLand FL Re Crabtree Karen as PR o the estate o Jeery Crabtree v Cty o Deland Our Fle No Dear Mr Pleus Enclosed please nd a copy o the Release o All Clams sgned by Karen Crabtree as Personal Representatve o the Estate o Jeery Crabtree Sncerely Wjowphll7 re4 orel Joseph D Tesstore JDTlbk Enclosures

4 RELEASE OF ALL CLAIMS Rectals A As used n ths Release o All Clams PLAINTIFF shall mean KAREN P CRABTREE as Personal Representatve o the Estate o JEFFERY WAYNE CRABTREE deceased as well as hs hers survvors executors admnstrators personal representatves successors and assgns sngular or plural wherever the context so admts or requres B As used n ths Release o All Clams the term DEFENDANT shall mean CITY OF DELAND as well as ts past present and uture agents agences ocals commssoners employees Boards representatves subsdary or parent companes and any entty or person n prvty wth them jontly or severally sngular or plural wherever the context so admts or requres C As used n ths Release o All Clams the INSURER shall mean Preerred Governmental Insurance Trust and Preerred Governmental Clams Solutons ts agents employees representatves successors assgns and any entty or person n prvty wth them WHEREAS PLAINTIFFS allege that on or about July Jeery Wayne Crabtree was klled n a motor vehcle ncdent whch occurred on SR44 and Boundary Avenue Cty odeland Volusa County Florda WHEREAS as a result o the aoresad ncdent PLAINTIFF clams that the Estate o Jeery Wayne Crabtree and hs survvors have suered damages as permtted

5 a 4 and sucency o whch s hereby acknowledged does hereby remse release and r orever dscharge DEFENDANT and INSURER rom all manner o acton and actons cause and causes o acton suts debts dues sums o money account reckonngs bonds blls specaltes covenants contracts controverses agreements promses varances trespasses damages judgments executons clams and demands whatsoever n law or n equty whch PLAINTIFF ever had now has or whch any personal representatve survvors successor hers or assgns o PLAINTIFF hereater can shall or may have aganst sad DEFENDANT and INSURER by reason o any matter cause or thng rom the begnnng o the world to the date o these presents ncludng but not lmted to all clams that were or could have been asserted n the above reerenced lawsut and any and all clams or compensatory damages njunctve rele declaratory 4 rele puntve damages nterest costs attorney s ees ederal clams state statutory or common Iaw clams lost wages workers compensaton nsurance benets mparment o b earnng capacty physcal emotonal or psychologcal njury mental angush pan and suerng past and uture medcal expenses NON ADMISSION OF LIABILITY Ths Release o All Clams shall not be construed as an admsson o lablty or responsblty by DEFENDANT or ts INSURER but s rather a compromse settlement desgned to avod urther ltgaton and attendant costs DEFENDANT and INSURER speccally deny lablty or the clams brought by PLAINTIFF deny all allegatons o PLAINTIFF and deny any wrongdong whatsoever E t z x z r 1 u

6 PLAINTIFF acknowledges and agrees that ths s a Release o All Clams PLAINTIFF expressly waves and assumes the rsk o any and all clams or damages whch exst as o ths date o whch PLAINTIFF does not know or suspect to exst whether through gnorance oversghtg error neglgence or otherwse and whch known would materally aect PLAINTIFF S decson to enter nto ths settlement and provde ths General Release PLAINTIFF urther agrees that the Personal Representatve on behal o the Estate o Jeery Wayne Crabtree and survvors has accepted payment o the sum speced heren as a complete compromse o matters nvolvng dsputed ssues o law and act law may be other than PLAIN TIFF beleves PLAINTIFF assumes the rsk that the acts or The undersgned urther warrants that no promse or nducement not heren E s ls expressed has been made that payment o the above mentoned sum s n ull compromse settlement and ull satsacton o all the aoresad actons clams and demands whatsoever that ths Release s gven n good ath and dscharges DEFENDANT and INSURER rom all lablty or contrbuton to any other alleged torteasor that the undersgned s over 21 years o age legally competent to execute ths Release has read the contents o ths Release has been adequately represented by counsel o her own choce and sgns ths Release wth ull knowledge and apprecaton o ts meanng ATTORNEYS FEES Each party hereto shall bear all attorneys ees and costs arsng rom the acton o ts own counsel n connecton wth ths matter the terms o ths settlement agreement the

7 4 matters and documents reerenced heren the lng o a dsmssal o the Complant and all related matters DISMISSAL DROPPING SETTLING PARTIES AS DEFENDANT Followng recept o settlement unds and the executon o ths release and settlement agreement counsel or PLAINTIFF has or wll n the mmedate uture delver to counsel or the DEFENDANT an executed dsmssal wth prejudce o the DEFENDANT as a party to the pendng acton The PLAINTIFF has authorzed PLAINTIFF s counsel to execute the dsmssal on behal o the Estate o Jerey Wayne Crabtree and survvors and hereby authorzes counsel or the DEFENDANT to le the dsmssal wth the court and enter t as a matter o record The court shall retan jursdcton as to any remanng partes and or enorcng the terms o ths settlement MEDICARE To the extent requred by law PLAINTIFF and PLAINTIFF S counsel agree to comply wth 42 USC Secton 1395 y and 42 CFR Secton herenater the Medcare Secondary Payer Statute should PLAINTIFF qualy under the terms o sad statute as a Medcare benecary or Medcare elgble PLAINTIFF and PLAINTIFF S E F counsel understand that ther alure to adhere to the Medcare Secondary Payer Statute could result n lablty to the DEFENDANT and ts INSURER and thereore PLAINTIFF agrees n consderaton or the settlement to hold harmless and ndemny the DEFENDANT S and ther INSURERS should PLAINTIFF or PLAINTIFF S counsel volate any condtons applcable under the Medcare Secondary Payer Statute

8 t E and so recoverable under Fla Statutes Florda s Wrongul Death Act and WHEREAS as a result o the aoresad ncdent PLAINTIFF tled a complant n the Crcut Court n and or Volusa County Florda Case No CIDL namng CITY OF DELAND as DEFENDANT herenater lawsut and WHEREAS DEFENDANT and INSURER have dened and contnue to deny any wrongdong on ther respectve parts and have dened and contnue to deny any lablty or the allegatons whch were the subject matter o the above reerenced lawsut but are desrous o enterng nto a compromse settlement o ths clam n good ath to avod urther costs o ltgaton and WHEREAS PLAINTIFF has agreed to accept FORTY FIVE THOUSAND AND I E t NO1100 DOLLARS n compromse and settlement o any and all clams the Estate o Jeery Wayne Crabtree or survvors may have whether now not known or contemplated aganst DEFENDANT and INSURER out o or resultng rom the above descrbed ncdent and or sut and urther agrees to dsmss any and all clams that are currently pendng or that may be led n the uture aganst sad DEFENDANT and c x INSURER arsng out o the above descrbed ncdent GENERAL RELEASE NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS That the 1 sad and undersgned PLAINTIFF or and n consderaton o the payment to t n the total sum o FORTY FIVE THOUSAND AND N01100 DOLLARS to the Personal Representatve on behal o the Estate and survvors n hand pad the recept

9 whch results n ether a sut or clam by CMS Centers or Medcare Medcad Servces or the payment o nterest penaltes nes or urther len rembursement INDEMN1IY AND HOLD HARMLESS AGRE It s urther agreed and understood that the undersgned wll protect ndemny and save harmless the release rom any clams or demand by any person rm or corporaton or expenses related to the ncdent gvng rse to ths clam ncludng but not lmted to the Federal government Medcare Medcad nsurance companes physcans health care nsttutons and any attorneys prevously employed by the undersgned The undersgned acknowledges that all such clams wll be satsed by the releasors The undersgned acknowledges that she has read ths release and understands the terms outlned heren IN WITNESS WHEREOF the undersgned hereby sets hs her hand and seal to ths Release o All Clams ths day o vk Axy 2013 Sgned sealed and delvered n the presence o 67 VD Karen P Crabtree as Personal Representatve o the Estate o Jeery Wayne Crabtree STATE OF FLORIDA COUNTY OF The oregong Release o All Clams was acknowledged beore me ths LP Z day o 2013 by Karen P Crabtree as Personal Representatve o the Estate o

10 I 3 I Jeery Mayne Crabtree who s personally known to me or who has produced as dentcaton and whydds d not take an oath U Notary Publc My Commsson Expres Prnted Name o Notary as j JjjjJJJ r jr S PoaL ors S s ATE OF FLORIDA Comm EE Karen P Crabtree as Personal Representatve o the Estate o Jeery Wayne Crabtree on behal o any and all survvors STATE OF FLORIDA COUNT OF The oregong Release o All Clams was acknowledged beore me ths day j o 2013 by Karen P Crabtree as Personal Representatve o the Estate o Jeery Wayne Crabtree on behal o any and all survvors who s personally known to me or who has produced not take an oath as dentcaton and who dd My Commsson Expres Notary Publ Prnted Name o Notary W 11IM WORK I ARY PUBLIC rate OF FLORIDA nrr EE Expres