www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 22, 2018
REVISED May 22, 2018 - Regular Meeting
Agenda Item #15


Subject
Karen Wolf v. Manatee County, Case No. 2016-CA-0710

Briefings
Briefing Provided Upon Request

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

Action Requested
Motion to approve settlement in the matter of Karen Wolf v. Manatee County, for $45,000.


Enabling/Regulating Authority
Florida Statutes 125.01 and 768.28.

Background Discussion
This is a personal injury claim for damages allegedly sustained as a result of a motor vehicle accident.  On February 12, 2013, a Manatee County Utilities Department employee was driving a County vehicle eastbound on SR 70 approaching the intersection of Tara Boulevard.  Traffic had stopped for the red light. 

Our County employee was distracted and did not notice the traffic stopping ahead.  He was unable to stop his vehicle (V1) before it collided with the rear of a vehicle stopped immediately in front of him (V2) which was then pushed forward into the rear of the Plaintiff’s vehicle (V3).  Plaintiff’s vehicle was at a complete stop at the moment of impact. Plaintiff claims personal injuries as a result of this accident. 

Based on our investigation, the County admitted negligence (fault) for the accident.  Accordingly, the issues remaining for determination were the extent of Plaintiff’s injuries and their causal relation to the subject accident.
    
As a result of the accident, Plaintiff claimed the following injuries:  left shoulder pain, partial left rotator cuff tear of supraspinatus tendon, neck pain, upper back pain, a herniated disc at C4-5, and bulging discs at C5-6 and C6-7, lumbar and cervical facet trauma, cervical spine pain, thoracic spine pain, lumbar spine pain, left hip and knee pain and spasms, numbness/lack of feeling in left hand, numbness at the base of her neck, and headaches.
    
Plaintiff incurred $131,967.86 in medical expenses related to this accident. 
    
Plaintiff’s original demand was $200,000.00.  The County Attorney’s Office recently participated in mediation with counsel for the Plaintiff and agreed to settle this matter for $45,000.00, subject to approval by the Board of County Commissioners.
    
Based on our employee’s fault for the accident, the nature of Plaintiff’s claimed injuries, her documented medical expenses, and potential claim for non-economic damages, the County Attorney’s Office recommends the Board settle the case for $45,000.00 in exchange for which Plaintiff will dismiss her claims against Manatee County with prejudice.




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
Fund: 5050001400; Object Code 549102

Amount and Frequency of Recurring Costs
$45,000.00 – One-time payment


Attachment:  Signed Mediated Settlement Agreement.pdf
Attachment:  Executed Settlement Agreement and Release of All Claims Against Manatee County.pdf
Attachment:  Signed HIPPA Authorization.pdf