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y ., <br />SEP 11982 <br />NOTICE OF CLAIMS - COURTHOUSE <br />d' <br />The Board reviewed the following information: <br />TO: Members of the Board DATE: August 20, 1982 FILE: <br />of County Commissioners <br />of Indian River County <br />SUBJECT: Notice of Claims <br />FROM: - Gary -M. -Brandenburg - -REFERENCES: <br />County Attorney <br />Attached to this memorandum please find copies of Notices of Claim <br />sent to Indian River County by Ward Wagner, Jr., Esq. on behalf of <br />Graham W. Stikelether, Georgene Edwards and Shirley Woodworth. The <br />notices allege that the three individuals have suffered injury due <br />to contact with the Indian River County Courthouse. Florida <br />Statutes 5768.28(6) (copy attached) requires individuals to .give <br />the -County written notice of their claims and obtain a written <br />denial of their claims prior to instituting a law suit in Circuit <br />Court. If the County does not respond in writing within six months <br />after filing the Notice of Claim, it is automatically deemed a <br />final denial of the claim. <br />ALTERNATIVES <br />1. Immediately deny the claim and allow these individuals to <br />pursue their remedies immediately in Circuit Court. <br />2. Take no action upon -the notice in which case the claims will <br />be deemed denied in six months from the date we received them <br />and the individuals will be able to pursue their remedies in <br />court at that time. <br />3. Request additional information regarding the claims to enable <br />the Commission and our insurance carriers to make a more <br />enlightened decision,on whether to admit or deny the claim. <br />RECOMMENDATION <br />Do not deny or admit the claim at this time but request these <br />individuals to provide the Commission with all.medical reports, <br />environmental tests or other information available to them that <br />supports their claims. These materials have not been made avail- <br />able to the County to date. Once the County receives this informa- <br />tion we will be in a better position to evaluate the claim. <br />Respect ully-submitted, <br />_r <br />G . Brandenburg <br />- 35 <br />