PLACEMENT: Public Hearings
TITLE:
title
PROPOSED MARTIN COUNTY TRICO SETTLEMENT - ESTELLA NEGRON V. MARTIN COUNTY, ET AL
end
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 Estella Negron v. Martin County, et al. Case No. 15-502-CA. The case arose from a boom mower throwing the lid of a water meter box. The County is self-insured and TRICO (our insurance pool) assigned counsel to the matter. Settlement discussions occurred on this case after discovery. A proposed settlement is before the Board for public comment.
body
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: A Martin County employee was operating a boom mower that hit the lid of a water meter box. The metal lid was thrown into Ms. Negron’s car window. As a result, Ms. Negron filed a personal injury lawsuit against 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 lawsuit involving an amount in excess of $5,000 must be considered at a public hearing and approved by the Board 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 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.
|
Funding Source |
County Funds |
Non-County Funds |
|
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
|
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>.