www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 6, 2017
June 6, 2017 - Regular Meeting
Agenda Item #13


Subject
Progressive Select Insurance Co., as subrogee of Jean Guerrier v. Manatee County, Case No. 2015 CC 4675

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Geoffrey K. Nichols,
Assistant County Attorney
Extension 3750


Action Requested
Motion to reject a Proposal for Settlement as received from Progressive Select Insurance Co., as subrogee of Jean Guerrier, in the matter of Progressive Select Insurance Co. v. Manatee County, County Civil Case No. 2015 CC 4675.


Enabling/Regulating Authority
Florida Statutes Sections 125.01, 768.28, and 768.79, along with Florida Rule of Civil Procedure 1.442.


Background Discussion
•    Facts of the Case:   Plaintiff, Progressive Select Insurance Company (Progressive) as subrogee of Jean Guerrier, has filed suit to recover sums paid to, and on behalf of, Ms. Guerrier for alleged injuries. 

On September 21, 2013, Ms. Guerrier was a passenger on an MCAT bus when it was involved in a minor collision.  The bus in which she was riding started to proceed through an intersection under a green light.  The light had just turned green and the bus was proceeding, but had to stop abruptly due to the vehicle in front of the bus stopping for an emergency vehicle.  The driver of the bus did not see or hear the emergency vehicle due to the fact that the emergency vehicle was not utilizing its siren. 

The bus’s onboard surveillance video shows Ms. Guerrier move slightly forward as the bus came to a stop.  Ms. Guerrier is heard on the video stating she was fine immediately after impact. 

As a result of this incident, Ms. Guerrier filed a claim with Progressive, her auto insurance carrier, for medical expenses, lost wages, and/or damages resulting from permanent injuries and pain and suffering. Discovery is in progress and Progressive has not fully responded to the County’s requests. 

Progressive initially sent a demand to Manatee County for $10,000.00.  The Proposal for Settlement from Plaintiff dated May 17, 2017, is in the amount of $7,499.00. Progressive has not provided documentation to support either of these amounts.  The County Attorney’s Office does not recommend accepting this proposal.

•    Plaintiff’s Damages:  Progressive claims it paid out a sum of $10,000.00 for medical expenses, lost wages (past and future) and/or damages resulting from permanent injury including mental pain and suffering (past and future).  Progressive appears to have proof problems, however, as evidenced in their inability to fully respond to the County's discovery requests.  In fact, the County has moved to compel discovery responses.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.


Reviewing Attorney
Nichols

Instructions to Board Records
Please email an approved copy of this agenda item to:

Geoffrey K. Nichols, Assistant County Attorney
geoffrey.nichols@mymanatee.org,

Diane M. Hajek, Legal Assistant, County Attorney's Office
diane.hajek@mymanatee.org.


Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Notice of Service of Proposal of Settlement.pdf
Attachment:  Proposal for Settlement.pdf