www.mymanatee.org
Bradenton Area Convention Center One Haben Boulevard, Palmetto - Longboat Key Room 9:00 a.m. - October 13, 2020
REVISED - October 13, 2020 - Regular Meeting
Agenda Item #17


Subject
Jessica Alvarez v. Sheriff Rick Wells (personal injury lawsuit) Case No. 2020-CA-1910 - Rejection of Plaintiff’s $50,000.00 Proposal for Settlement dated September 25, 2020

Briefings
Briefing Provided Upon Request

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

Action Requested
Motion to take no action as to Plaintiff’s September 25, 2020 Proposal for Settlement (“Proposal”) for $50,000.00, thus allowing the Proposal to expire, in the matter of Jessica Alvarez v. Sheriff Rick Wells; Case No. 2020-CA-1910.


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 lawsuit for damages allegedly sustained as a result of a car accident.  On October 24, 2019, Plaintiff was travelling northbound on US-301 in Bradenton, Manatee County, Florida. Her 2011 Honda Accord approached a red light at the intersection of 51st Street East. An unmarked 2012 Ford Edge following behind Plaintiff was driven by Deputy Kelsey Belloise with the Manatee County Sheriff’s Office in the course and scope of her official duties. As the Plaintiff came to a stop at the intersection, Deputy Belloise failed to stop in time and struck the rear of Plaintiff's vehicle.  

•    Plaintiff’s Complaint claims personal injuries, associated medical expenses, pain and suffering, mental anguish, lost wages related to this incident, and aggravation of a previously existing condition. Plaintiff claims the following injuries from this incident: neck pain, herniated and bulging disks, left shoulder and right hip injuries.

•    On September 25, 2020, Plaintiff served a Proposal for Settlement, as is permitted under the Florida Rules of Civil Procedure which govern these cases.  The amount of Plaintiff’s September 25, 2020 Proposal is $50,000.00.  If the County does not accept the Proposal, then Plaintiff stands to recover her reasonable attorney’s fees and costs, 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 the attached $50,000.00 Proposal for Settlement is unreasonable based on the circumstances of the accident, alleged injuries and responses to discovery received to date. Therefore, the County Attorney’s Office recommends the Board not accept Plaintiff’s Proposal for Settlement and allow it to expire.  The County will continue to litigate the case.


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@mymanatee.org

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Alvarez v Manatee County 9-25-20 PFS.pdf