PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING ON PROPOSED MARTIN COUNTY TRICO SETTLEMENT - JOAN HUTTON VS MARINA WORLD, INC. D/B/A ISLAND PRINCESS CRUISES, PAPA SIERRA, LLLP D/B/A PIRATES COVE RESORT & MARINA AND MARTIN COUNTY BOARD OF COUNTY 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 Joan Hutton vs Marina World, Inc. d/b/a Island Princess Cruises (“Marina World”), et al, and Martin County, Case No. 2023CA000604. The County is self-insured, and TRICO (our insurance pool) assigned counsel to the matter. Settlement discussions occurred 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 Marina World and Pirate’s Cove.
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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: Ms. Hutton was walking to the Island Princess Cruises in the marina at Pirate’s Cove Resort & Marina. An area of the pavement was depressed in the right-of-way leading to the docks, and Ms. Hutton tripped and fell. Ms. Hutton filed a personal injury lawsuit against Marina World, Inc. d/b/a Island Princess Cruises, Papa Sierra, LLLP d/b/a Pirates Cove Resort & Marina and Martin County
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
1. Move that the Board conduct the public hearing and 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
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>.