PLACEMENT: Public Hearings
TITLE:
title
PROPOSED MARTIN COUNTY TRICO SETTLEMENT - PHYLLIS ANN FISCHER, VS. BRIAN GREGORY WEST, BARRY MICHAEL LIPPOLIS, PATRICK THOMAS VALICENTI, SAFECO INSURANCE COMPANY OF ILLINOIS, AND MARTIN COUNTY BOARD OF COMMISSIONERS
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EXECUTIVE SUMMARY:
executive summary
In accordance with the Procedure for TRICO settlements established by the Board of County Commissioners (Board), the public is provided an opportunity to comment on the proposed settlement in the case of Phyllis Ann Fischer, vs Brian Gregory West, Barry Michael Lippolis, Patrick Thomas Valicenti, Safeco Insurance Company of Illinois, and Martin County, Board of Commissioners. Case No. 202300516CAAXMX.
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DEPARTMENT: Administration
PREPARED BY: Name: Carolyn Brada
Title: Risk Management Administrator
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The following facts were provided from Relation Insurance Services, Martin County’s (County) third party administrator for our self-insured program: Ms. Fischer filed a personal injury lawsuit involving automobile accident involving Brian Gregory West, Barry Michael Lippolis, Patrick Thomas Valicenti, Safeco Insurance Company of Illinois, and Martin County who owns and maintains the median landscaping.
The case arose from an automobile accident involving three automobiles and a median owned and maintained by Martin County on Mapp Road, in Palm City. Plaintiff alleged the median had not been properly maintained by Martin County and alleged negligence on the part of all parties including Brian Gregory West, Barry Michael Lippolis, Patrick Thomas Valicenti, Safeco Insurance Company of Illinois. The County is self-insured, and TRICO (our insurance pool) assigned counsel to the matter. Settlement discussions occurred at a court ordered Mediation on this case between all parties. A proposed settlement of Plaintiff’s claim against Martin County is before the Board for public comment. Plaintiff has settled her claims against Brian Gregory West, Barry Michael Lippolis, Patrick Thomas Valicenti, and Martin County, with the exception of Ms. Fischer’s property damage claim against Brian West who is insured by State Farm.
A public hearing on this proposed settlement is required by the Procedure for TRICO Settlements adopted by the Board. Any proposed settlement of a TRICO case involving an amount in excess of $5,000 must be considered at a public hearing prior to TRICO and the County finalizing the agreement. Following the hearing, County staff will notify the appropriate parties that the Board has completed the process required by the Procedure for TRICO Settlements, which includes a public hearing allowing for comment by any members of the public as well as comment by any member of the Board. The settlement is fully funded by TRICO.
ISSUES:
Pursuant to the Procedure for TRICO Settlements adopted by the Board, the Board is required to conduct a public hearing concerning the proposed settlement agreement.
LEGAL SUFFICIENCY REVIEW:
Attorney Garrison M. Dundas was assigned as counsel for this case and represented the County during settlement discussions. It is the recommendations of TRICO and Mr. Dundas that this settlement is in the best interests of the County.
RECOMMENDED ACTION:
RECOMMENDATION
The Board is asked to hold a public hearing on the TRICO settlement.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.