Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 23, 2016
REVISED August 23, 2016 - Regular Meeting
Agenda Item #9

Lloyd Burton v. Manatee County, Case No.: 2015-CA-2160


Contact and/or Presenter Information
Geoffrey Nichols
Assistant County Attorney
Ext. 3741

Action Requested
Motion to approve a recommended settlement 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
•    Facts of the Case:  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 a 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.
•    Plaintiff’s Injuries:  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's Medical Expenses:  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.  The recommended settlement sum is $85,000.00.

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:

Geoffrey Nichols, Assistant County Attorney

Diane Hajek, County Attorney’s Office,

Cost and Funds Source Account Number and Name
5050001400 / 549102

Amount and Frequency of Recurring Costs
$85,000.00 / One time

Attachment:  Mediated Settlement Agreement.signed.pdf
Attachment:  Burton Lloyd - Settlement Agreement and Release of All Claims (executed).pdf
Attachment:  Burton Lloyd - Authorization Form - Manatee Cty Board (executed).pdf