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Recommendation <br />Staff concurs with Mr. Reynolds' recommendation for settlement of this claim in the amount of <br />$789,084.75, with $300,000.00 to be paid by the County and $489,084.75 to be paid by the Florida <br />League of Cities, Inc. <br />Attorney Lyman Reynolds, the County's defense counsel, advised that on behalf of the <br />County he has negotiated a settlement in this matter. The accident was due to the fault of a County <br />vehicle operated by a County driver and resulted in severe injuries to Mr. O'Brien's lower extremity. <br />Mr. O'Brien has been through numerous surgeries and anticipates future surgeries. His medical bills <br />total $250,000, and he has $93,000 in lost wages for a total of $343,000 to date. The anticipated <br />future medical expenses should be between $80,000 to $230,000 and he will incur, conservatively, <br />$55,000 to $84,000 in loss of income. <br />Attorney Reynolds recommended settlement and advised that the County could proceed to trial <br />and go through the claims procedure process. Settlement would eliminate the risks involved in a trial <br />and Attorney Reynolds recommended settlement for the $200,000 statutory cap, $500,000 excess <br />coverage through Florida Municipal Insurance Trust; and an additional $89,085.75 being sought by the <br />O'Briens which he believed is extremely reasonable. The total settlement amount would be <br />$789,084.75; of which the County would pay $300,000 and Florida League of Cities, Inc. would pay <br />$489,084.75. This settlement would end all further exposure to the County. <br />The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. <br />Attorney Bernie Grab, on behalf of the O'Briens, questioned the $11,000 agreed upon for the <br />truck damage and Attorney Reynolds responded that the County has already paid that as the property <br />damage claim <br />The Chairman asked if anyone else wished to be heard in this matter. There being none, she <br />closed the public hearing. <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Macht, the Board unanimously approved <br />settlement in the amount of $789,084.75, with $300,000 to be <br />paid by the County and $489,084.75 to be paid by the Florida <br />League of Cities, Inc., pursuant to staffs recommendations. <br />JUNE 179 1997 <br />21 <br />