Broward County Commission Regular Meeting


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AI-25156 12.       
Meeting Date: 09/14/2017  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Information
Requested Action
MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Lourdes Castro v. Broward County, 17th Judicial Circuit Court Case No. 14-014939 (09).

ACTION:  (T-10:38 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present.
 
ACTION:  (T-10:48 AM)  The Board reconsidered the Consent Agenda to pull Supplemental Item Number 70 which had been previously transferred to the Consent Agenda.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Ryan was not present.

ACTION:  (T-10:48 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.
Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On September 10, 2012, a Broward County Facilities Maintenance van struck the rear of a vehicle stopped in traffic along Pembroke Road within the City of Miramar, Florida. The force of the impact then caused that vehicle to be pushed forward and collide into the rear of the vehicle in which Lourdes Castro, the Plaintiff, was a passenger.

As a result of the collision, Ms. Castro alleges injuries to her neck and back, including aggravation of a preexisting lumbar compression fracture. She was transported by ambulance to the emergency room at Memorial Regional Hospital and admitted for several days. After undergoing several months of conservative treatments, including physical therapy and pain management, Ms. Castro underwent back surgery at Memorial Hospital West.

To date, Ms. Castro has incurred approximately $140,000 in medical expenses. At the court-ordered mediation held on July 25, 2017, Ms. Castro agreed to accept, subject to Board approval, a total sum of $75,000, inclusive of attorney's fees and costs, to settle all claims in this matter, and she has executed a Complete Settlement and Release.
 
The Risk Management Division concurs with and recommends approval of this settlement.
Source of Additional Information
Daniel J. DiMatteo, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
The source of funds is the County's general liability self-insurance fund. Agencies of the County pay annual premiums into the fund based upon the number of their employees and five-year claims history.
Attachments
No file(s) attached.


    

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