A. On June 17, 2017, while playing at Plantation Heritage Park, the Plaintiff's 6-year-old daughter fell on a sharp piece of metal that was protruding from a horseshoe stake, and sustained an open gaping wound from her wrist to the top of her forearm. The Plaintiff's daughter underwent emergency surgical repair and reconstruction on her forearm, and the medical expenses to date are approximately $12,000. Due to the nature of the wound, the surgeon has recommended close monitoring of the wound during the Plaintiff's daughter's lifetime to ensure proper skin adhesion and mobility. The Plaintiff has agreed to release Broward County from all claims arising from this incident in exchange for $74,000, which includes attorney's fees and costs, subject to Board approval.
The Risk Management Division and the Parks and Recreation Division concur with and recommend approval of this settlement.
B. On March 14, 2019, Plaintiff Olive Williams, who alleges injuries as a result of falling out of her bus seat, served Broward County with a formal proposal for settlement in the amount of $175,000. 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 attorney's fees and costs in addition to the verdict award, subject to a statutory cap of $200,000, inclusive of fees and costs. 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 Attorney recommends that the Board reject the Plaintiff's proposal for settlement.
On April 16, 2019, the Board will consider an amendment to Section 1-51.3 of the Broward County Code of Ordinances ("Code") that would, if approved, authorize the County Administrator to reject certain settlement proposals after consultation with the County Attorney. If that amendment to the Code is approved, recommendations to reject settlements such as in Motion B would no longer be required to be presented for the Board's consideration.
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