|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 28, 2014|
Agenda Item #9
Daisy Deleon v. W. Brad Steube, Sheriff of Manatee County, Florida, Case No. 2011-CA-7609
Contact and/or Presenter Information
James R. Cooney, Assistant County Attorney
Trudy K. Morris, Legal Assistant, Ext. 3762
Motion to approve a settlement in the matter of Daisy Deleon v. Brad Steube, Sheriff of Manatee County, in accordance with the mediated settlement agreement.
Sections 125.01 and 768.28, Florida Statutes.
Facts of the case: On March 6, 2010, Plaintiff Daisy Deleon was proceeding north on 53rd Street West. A Sheriff's vehicle was at a stop sign at the intersection of 4th Avenue and 53rd Street West. The glare of the sun was in the Deputy's eyes as she pulled into the intersection heading east on 4th Avenue West and collided with the Plaintiff's vehicle on the rear passenger side.
Medical Treatment for Plaintiff: Plaintiff claims the following injuries from the accident: unable to perform normal work activities due to pain, weakness and stress. Problems with standing, walking, lifting, sitting, lying down, restful sleep. Herniated disks with spondylitic changes at L3-4, L4-5, L5-S1 levels. Plaintiff underwent a failed percutaneous endoscopic discectomy at L4-5. Plaintiff also received pain management treatment consisting of three sets of ESI's (injections) at L4-5, L3-4, and L5-S1. Medical bills to date total approximately $71,135., with $10,107 paid by insurance. A medical report indicates that Plaintiff is at maximum medical improvement and will require future medical treatments of $3,500 per year.
Settlement: The County Attorney's Office recently participated in mediation with counsel for the Plaintiff and the following was agreed to by the parties:
CAO Recommendation: CAO believes that this settlement is in the best interests of the County in order to conclude this litigation and recommends its approval for the following reasons:
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
Return a stamped copy of the approved agenda memorandum to Trudy Morris (firstname.lastname@example.org), Legal Assistant to James R. Cooney, Assistant County Attorney.
Cost and Funds Source Account Number and Name
Self insurance liability settlement, fund 5050001400 Risk Management - fleet liability, object code 549102
Amount and Frequency of Recurring Costs