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Manatee County Government Administrative Center Honorable Patricia M. Glass Commission Chambers 9:00 a.m. - December 10, 2019
December 10, 2019 - Regular Meeting
Agenda Item #13


Subject
Shirley Mack v. Team Success, a School of Excellence, Inc., et al. Case No. 2018-CA-5003; rejection of settlement proposal

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Christopher M. De Carlo, Assistant County Attorney, ext. 3750


Action Requested
Motion to allow Plaintiff’s $60,000.00 Offer of Judgment/Proposal for Settlement to Manatee County to expire and to take no action regarding the Proposal for Settlement. 

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 fall on an allegedly wet floor located at 202 13th Avenue East, Bradenton, FL 34208.  This property is owned by Manatee County and leased to the Police Athletic League of Manatee County, Florida (“PAL”).  Per the County’s lease agreement, PAL is responsible for the maintenance of the facility that is operated by Team Success, a School of Excellence, and Step Up Suncoast, Inc.  Because the lease requires PAL to defend and indemnify Manatee County, the County is represented in this matter by the Law Offices of Scott Astrin at no direct cost to the County other than the County Attorney’s Office monitoring of the litigation. 

On October 25, 2015, Plaintiff alleges she was walking her grandniece into a classroom when she slipped and fell on a wet spot on the floor.  Plaintiff believes there was rainwater on the floor earlier in the day which caused her to slip and fall.  Plaintiff’s Complaint alleges that Manatee County failed to exercise reasonable care in the maintenance, inspection and warning of the wet floor which constituted a dangerous condition. Plaintiff is alleging claims for personal injuries, associated medical expenses, and pain and suffering.  Most notably, Plaintiff claims she sustained injuries from this accident to her right shoulder, necessitating two (2) shoulder surgeries, and her lower back.  

Plaintiff’s total medical bills are approximately $60,000.00.  Plaintiff’s original demand to Manatee County was $200,000.00.  

On November 21, 2019, Plaintiff served Manatee County and all other Co-Defendant’s with a formal Offer of Judgment/Proposal for Settlement for $60,000.00.  As stated in paragraph 6 of the proposal, Plaintiff is seeking a total of $60,000.00 from all Defendants.  If Manatee County, or any other Defendant, accepted Plaintiff’s Proposal for Settlement then all defendants would be dismissed from the lawsuit with prejudice.  The County Attorney’s Office recommends that the Board allow the Proposal for Settlement to lapse and take no action on the County’s behalf regarding the Proposal for Settlement.  If PAL, or any other Defendant, accepts the Proposal for Settlement, they would be responsible to pay the proceeds to settle the case.  Since PAL is defending and indemnifying the County, PAL could decide to settle the case on its own, or jointly with the other Defendants.  If that occurred, the County itself would not be responsible to contribute to the settlement.  If the Proposal for Settlement is not accepted within thirty (30) days of November 21, 2019, the proposal is deemed rejected and the case will proceed with discovery, mediation and possible trial. 


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney Item.

Reviewing Attorney
DeCarlo

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,
tracy.hanrahan@mymantee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Offer of Judgment.Manatee County.pdf