Manatee County Government Administrative Building 1st Floor Chambers 9:00 am - March 1, 2018
REVISED March 1, 2018 Land Use Meeting
Agenda Item #7

Daniel L. Kays. v. Manatee County Board of County Commissioners Case No. 2017-CA-0757

Briefing Provided Upon Request

Contact and/or Presenter Information
Christopher M. De Carlo, Assistant County Attorney, ext. 3750

Action Requested
OTHER – Motion to Approve a Proposal for Settlement for $75,000.00 to Plaintiff in the matter of Daniel L. Kays v. Manatee County; Case No. 2017-CA-0757.    

Enabling/Regulating Authority
Sections 125.01 and 768.79, Florida Statutes; and Florida Rule of Civil Procedure 1.442

Background Discussion
•    This is a personal injury claim for damages allegedly sustained as a result of a motor vehicle accident.  On April 6, 2016, a Manatee County Transit Department employee, while operating a County bus, was involved in a motor vehicle accident at the intersection of Town Center Parkway and University Parkway.  Due to the facts and circumstances of the incident, the County has admitted negligence (fault) for the accident.  Plaintiff, Daniel L. Kays, was a passenger when the MCAT bus struck the rear of a vehicle in front of it. Plaintiff, who was not wearing his seatbelt at the time of the accident, fell out of his seat and broke his upper right arm.  Plaintiff is bringing a claim for alleged personal injuries related to this accident, including his broken right upper arm, surgeries to repair his dialysis port which was located near the upper right arm, and surgery to remove fluid from around his left lung.

•    On January 4, 2018, Plaintiff served Manatee County with a formal written offer to settle the claim called a “Proposal for Settlement”.  The amount of Plaintiff’s Proposal for Settlement was for $200,000.00.  At the January 23, 2018, Regular Board of County Commissioners’ meeting, this settlement offer was rejected upon the advice of the County Attorney’s Office.

•    On January 23, 2018, Plaintiff served Manatee County with a second Proposal for Settlement, as is permitted under the Florida Rules of Civil Procedure which govern these cases.  The amount of Plaintiff’s second Proposal for Settlement was $125,000.00.  This settlement offer was rejected upon the advice of the County Attorney’s Office.

•    On February 15, 2018, the parties participated in mediation which resulted in an impasse.

•    The County Attorney’s Office recommends that the County serve upon the Plaintiff a Proposal for Settlement to settle all claims, including attorney’s fees and costs, in this case for $75,000.00. 

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney Item.

Reviewing Attorney

Instructions to Board Records
E-mail an approved copy of this agenda item to:
Christopher M. De Carlo, Assistant County Attorney
christopher.decarlo@mymanatee.org,; and
Tracy Hanrahan, County Attorney’s Office,

Cost and Funds Source Account Number and Name
Fund: 5050001400; Object Code: 549102

Amount and Frequency of Recurring Costs
$75,000.00One Time