A. In 2013, while operating a van, a County employee struck the rear of the Plaintiff Romina Rosen's vehicle. The Plaintiff has undergone substantial medical treatment including neck surgery, and her physician has recommended surgery on her lower back. The Plaintiff's medical expenses, to date, total $211,655. The Plaintiff has agreed to release Broward County from all claims arising from this accident in exchange for $140,000, which includes attorney's fees and costs, subject to Board approval. The Risk Management Division concurs with and recommends approval of this settlement.
B. On March 4, 2019, Plaintiff Lynn Atkinson, who alleges a thumb injury resulting from getting her thumb caught in a closing bus door, served Broward County with a formal proposal for settlement in the amount of $75,000. Under the applicable statute, proposals for settlement must be accepted or rejected within thirty (30) days. If a defendant rejects a settlement proposal and the plaintiff ends up recovering an amount at least 125% of the amount of the proposed settlement, the plaintiff is entitled to recover all attorney's fees and costs in addition to the verdict award. Discovery in this case is ongoing, and our analysis of this case may change as new facts are learned. However, based on currently known information, the County Administrator and County Attorney recommend that the Board reject the Plaintiff's proposal for settlement.
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