Broward County Commission Regular Meeting


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AI-27003 22.       
Meeting Date: 06/05/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Ralph Macklin v. Broward County, 17th Judicial Circuit Court Case No. 15-011235 (13).

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 6-0.  Commissioners Geller, Holness and Sharief were not present.
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
This negligent security claim arose out of an incident on a County bus in which a passenger violently battered another passenger. On October 10, 2014, plaintiff Ralph Macklin ("Plaintiff"), a 69-year-old passenger, was riding in a County bus when another bus passenger started acting in an unruly and visibly threatening manner towards him. After several minutes of repeated verbal threats of violence, the bus operator called dispatch, pulled over, exited the bus, and waited for police to arrive. Several moments later, the unruly passenger began to repeatedly strike the Plaintiff in the face, fracturing his jaw and nose, and damaging his teeth. As a result of the attack, the Plaintiff underwent reconstructive surgery of the jaw. To date, the Plaintiff's medical expenses total $83,900.15.

The Plaintiff has agreed to release Broward County from all claims arising from this incident in exchange for $62,500.00, inclusive of attorney's fees and costs, subject to Board approval.

The Risk Management Division and Transit Division concur with and recommend approval of this settlement.
Source of Additional Information
Hans A. Laurenceau, 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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