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i <br />C. Conclusion of Law Suit Stout vs Commercial Carrier vs <br />Indian River County <br />The Board reviewed the following memo dated 3/8/83: <br />O' Chairman DATE: March 8, 1983 FILE: <br />Richard N. Bird and <br />Members of the County Commission <br />SUBJECT: Conclusion of the Stout <br />vs, Commercial Carrier <br />vs. Indian River County <br />Lawsuit <br />FROM: Christoph J. Paull REFERENCES: <br />Assistant County Attorney <br />This is an epilogue to the long-standing matter of Otto Stout vs. <br />Commercial Carrier vs. Indian River County, At the end of October, <br />1982, Commercial Carrier's claim against the County for contribu- <br />tion of the sum of $1,000,000 finally went to trial -before a jury <br />in Dade County. You will recall that Commercial Carrier settled <br />this matter with the initial Plaintiffs for $1,000,000 shortly <br />after the original trial began. The claim had resulted from a. <br />February, 1975 accident at the intersection of Kings Highway and <br />North Winter Beach Road. The County became involved'as a result of <br />a missing stop sign at that intersection. <br />Fortunately, as'the trial proceeded in Miami, it became apparent to <br />the jury that,_the Commercial Carrier driver was familiar with the <br />intersection prior to the accident and was aware of his obligation <br />to stop, notwithstanding the missing sign. Mr. Robert Klein, <br />attorney for the County's insurance carrier, Royal Globe, <br />Insurance Company, orchestrated the County'srdefense and did a <br />meticulous and most professional job. <br />,// <br />A final judgment was entered on behalf of the• County axed the S'Cate <br />D.O.T.; and as of February 16, 1983, all appeals in this matter <br />have been voluntarily dismissed with prejudice. This matter is <br />finally at an end after 8 years of legal proceedings, including <br />several District Court appeals and a landmark decision on the ?.ssue <br />of sovereign immunity from the Supreme Court -of the State of <br />Florida. <br />This memo is provided for your information only arid. ragiiire t ni, <br />formal action other than to take note of the ever increasing burden <br />on local government to exercise reasonable care and diligence in <br />the day--to-day provision and maintenance of County and municipal <br />services. <br />ON MOTION BY Commissioner Scurlock, <br />SECONDED BY Commissioner Wodtke, the <br />Board unanimously accepted the information <br />presented re the above law suit.. <br />0 <br />89N 53 wf M <br />