12/16/1997 - Laserfiche WebLink

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600K 10i FAGL � " The Board reviewed a Memorandum of November 26, 1997: TO: Board of County Commissioners THRU: James E. Chandler, County Administrator FROM: Beth Jordan, Risk Manager_, DATE: 26 November 1997 SUBJECT: Public Hearing; Zuckerman vs. Indian River County On November 25, 1997, the staff Claims Review Committee met to discuss the claim of Romana Zuckerman. Background On October 15, 1995, Mrs. Zuckerman, then 33 years old, was injured in a two -vehicle accident at the Intersection of 86th Avenue and 49th Street. A copy of the Florida Highway Patrol's Florida Traffic Crash Report is attached. The plaintiffs husband, Alan, was charged with violation of right of way after driving his car into the path of an oncoming vehicle. Analysis William Frates, Mrs. Zuckerman's attorney, made an initial demand of $75,000.00. On November 10, Lyman Reynolds, defense counsel.. and I participated in mediation with Gene Roddenberry, mediator, the plaintiff, her husband, and Mr. Fnates, who acknowledged that his client's husband was as much as 50% responsible for the accident He maintained, however, that the County was at least 50% liable based upon weeftgrasses which blocked Mr. Zudkemnan's sight distance. We have determined that Road S Bridge maintains the shoulders of this intersection and had art the grass up to the canal guardrail, a distance of approximately 9 % feet from the edge of pavement. Our accident reconstruction expert witness has advised this is not a dear case for either party, bid one which could have been explained to a jury. The grass behind the guardrail, growing directly along the canal bank, was overgrown and photographs taken by the plaintiffs mother on the date of the accident show this condition. At the mediation conference, Mr. Reynolds and staff held firm that this claim is not valued at over $15,000.00 for settlement purposes and that we could not recommend a higher amount to the County. The claims review process, including public hearing before the Board of County Commissioners, was explained to the plaintiff. This claim was scheduled for the December 8 trial docket After a few hours, Mrs. Zuckerman agreed to our final offer. The Claims Review Committee unanimously approved the mediated settlement based upon the following fads. There was sigriftant Impact to Ants. Zuckerman's vehicle as evidenced by the attached photographs. She has approximately $13,500.00 remaining in outstanding medical bilis atter payments by both her auto insurer and group health insurer. Additionally, she continues to incur costa for a pain management clinic, faces possible surgery, and has temporomandibular joint (TMJ) injury. Despite the fact that the water management district owns the canal along 66th Avenue, the County has responsibility to maintain sight distance and has traditionally maintained the roadways adjacent to canals. The County had received two complaints about overgrown weeds at this intersection, and through a miscommunication, alt the weeds at a nearby intersection but not at this one just prior to the accident. Recommendation This mediated settlement Is within the settlement authority of the Staff Claims Review Committee. In keeping with the Boards desire that all such settlements appear as public items, it has been publicly noticed and is being placed on this agenda. DECEMBER 16, 1997 -14-