Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - January 23, 2018
January 23, 2018 - Regular Meeting
Agenda Item #11

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
Consideration and rejection of Plaintiff’s $200,000.00 Proposal for Settlement to Manatee County 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 is $200,000.00.  If the County does not accept the proposal, then Plaintiff stands to recover his reasonable attorney’s fees and costs from the County, but only if the Plaintiff obtains a court judgment that is at least 25% more than the proposal amount.

•    The County Attorney’s Office believes that the attached Proposal for Settlement is unreasonable under the circumstances of the accident, especially in light of Plaintiff’s failure to wear his seatbelt.  Therefore, the County Attorney’s Office recommends the Board reject the Proposal for Settlement.  Barring settlement at a more reasonable dollar amount, the case will proceed to trial, which is scheduled for March 12, 2018.

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

Amount and Frequency of Recurring Costs

Attachment:  OJ to MC 2018 01 04.pdf