PLACEMENT: Public Hearings
TITLE:
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PROPOSED MARTIN COUNTY TRICO SETTLEMENT - KELLIE COYTE V. MARTIN COUNTY
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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 must be provided an opportunity to comment on the proposed settlement in the case of Kellie Coyte v. Martin County, Martin County Circuit Court Case No. 18-396-CA. The case arose from a slip and fall. The County is self-insured and TRICO (our insurance pool) assigned counsel to represent the County in the matter. Settlement discussions occurred in this case after a jury verdict in favor of Plaintiff. A proposed settlement is before the Board for public comment.
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DEPARTMENT: Administration
PREPARED BY: Name: Carolyn Brada
Title: Risk Management Analyst
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: The case arose from a slip and fall. As a result, Ms. Coyte filed a personal injury lawsuit against Martin County, which resulted in a jury verdict in favor of Plaintiff in the amount of $206,000. After the verdict, a settlement in the amount of $110,000 was reached between the parties to prevent an appeal of the verdict by the County. In exchange for the settlement, the County will waive its right to appeal.
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 lawsuit involving an amount in excess of $5,000 must be considered at a public hearing before the Board prior to TRICO and the County finalizing the settlement. Following the public 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 if 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 Preston J. Fields, Sr. was assigned as counsel for this case and represented the County during settlement discussions. It is the recommendation of TRICO and Mr. Fields that this settlement is in the best interests of the County.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board conduct a public hearing, receive public comment on the proposed settlement by any member of the public and any member of the Board of County Commissioners.
2. Move that the Board direct staff to notify TRICO that the Settlement Procedures have been completed and the settlement should be finalized.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
At the time when the County was placed on notice that there would be a possible liability claim, TRICO placed monies into a reserve for the possible settlement. The settlement amount is within the reserves that were established for this case.
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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>.