www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 17, 2015
REVISED November 17, 2015 - Regular Meeting
Agenda Item #6


Subject
Lloyd Burton v. Manatee County Case No.: 2015-CA-2160 CAO File No.: 6009

Briefings
None

Contact and/or Presenter Information

Geoffrey Nichols, Assistant County Attorney, ext. 3741



Action Requested

Motion to reject a proposal for settlement received from Lloyd Burton in the matter of  Lloyd Burton v. Manatee County, Florida, Case No. 2015-CA-2160.



Enabling/Regulating Authority

Florida Statutes § 125.01 and Florida Statutes §768.28.



Background Discussion

On February 12, 2013, a Manatee County Utilities Department employee was driving a County vehicle east on State Road 70 approaching the intersection of Tara Boulevard.  Traffic had stopped for red light.  Our employee was distracted and did not notice the traffic stopping ahead.  He was unable to stop his vehicle before it collided with the rear of Plaintiff’s vehicle, stopped in front of him.  Plaintiff is bringing a claim for personal injuries and lost wages related to this accident. 

As a result of this incident, Lloyd Burton alleges he has chronic neck pain, headaches, back pain, and right shoulder pain.  He was diagnosed with a cervical disc herniation and on December 2, 2013, he underwent a C5-6 anterior cervical discectomy, fusion and instrumentation, with an iliac crest allograft.  He was diagnosed with chronic, persistent and post-traumatic cervicogenic tension type headaches, cervical disc displacement, aggravated cervical spondylosis, chronic, persistent right thoracic spine strain/sprain, aggravation of right shoulder pain.  It was determined that the Plaintiff sustained a permanent injury and he was assigned a permanent impairment rating of 2% for his thoracic injury and 6% for his cervical injury, with restrictions to avoid overhead lifting over 20 pounds.

Plaintiff claims $142,409.45 in medical expenses related to this accident and is bringing a claim for one week of lost wages.  Plaintiff is employed with Publix, working 40 hours per week, at $14.25/hr.  

Although our Manatee County employee did rear end the Plaintiff’s vehicle, it is unclear whether the injuries and medical treatment claimed by the Plaintiff are related to this incident, as the Plaintiff admits this is an exacerbation of a pre-existing condition.

On November 2, 2015, Plaintiff served Manatee County with a $200,000 proposal for settlement.   The County has 30 days to accept or reject this proposal.  The County Attorney’s Office does not recommend acceptance of this proposal for settlement.



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

Return a stamped copy of this agenda memo to Tracy Hanrahan at the County Attorney's Office via email to tracy.hanrahan@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Burton, Lloyd - Pltf PFS to Deft 11.2.15.pdf