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, <br />JUL 231991 <br />BOOK E <br />ELDRIDGE WHEELER V. IRC AND DOUGLAS N. HIGGINS, INC. <br />The Board reviewed memo from Assistant County Attorney William <br />Collins dated July 10, 1991: <br />TO: The Board of County Commissioners <br />FROM: LJ L William G. Collins II - Assistant County Attorney <br />DATE: July 10, 1991 <br />SUBJECT: Eldridge Wheeler v. Indian River County and Douglas N. <br />Higgins, Inc. <br />Indian River County is currently the defendant along with the Douglas N. <br />Higgins, Inc. contracting company in a lawsuit claiming damage to Eldridge <br />Wheeler's citrus grove caused by flooding. Higgins, the contractor on the <br />Gifford sewer project, was purportedly digging a 17 -foot deep ditch which <br />was filling with water from the water table. Higgins purportedly set up <br />pumps to drain water from the ditch while pipe was being laid, which left 2 <br />feet of standing water for 5 or 6 days damaging plaintiff's fruit trees. <br />6' The County was originally defended by the Florida League of Cities under <br />prior insurance coverage. However, the insurance coverage does not <br />extend to inverse condemnation. - However, insurance counsel evaluated the <br />cost to defend at $5,000.00 and the estimated verdict range between <br />$6,000.00 - $10,000.00. <br />." The plaintiff has offered to settle for the amount of damages plus interest <br />($7,306.39). The plaintiff's attorney has agreed to waive his fees against <br />the County in the interest of achieving a settlement. The insurance adjuster <br />for Douglas N. Higgins, Inc. has agreed to participate up to 50% of the <br />settlement amount. <br />'RECOMMENDATION: <br />Approve the Agreement of Settlement as set forth between Eldridge <br />Wheeler and Indian River County and Douglas N. Higgins, Inc. in the <br />amount of $7,306.39. <br />2. Authorize the Chairman to execute the Agreement of Settlement and any' <br />necessary release forms in exchange for dismissal with prejudice of the <br />suit. <br />3. Authorize payment of 50% of the settlement amount to: <br />Eldridge Wheeler <br />c/o Richard B. Candler, Esq. <br />Smith, O'Haire, Quinn & Smith Trust Account <br />2205 14th Avenue <br />Vero Beach, FL 32963 <br />Funds in the amount of $3,653.20 to come from Fund No. <br />as Indian River County's 50% contribution to settlement of the lawsuit. <br />42 <br />M <br />