Agenda Item Name:
Title
Settlement Agreements with Jonah Starling, Mildred Macfarland, Tanja Torchia and H.D., a minor child
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Presenter:
[Robert Swain, Deputy County Attorney]
Description:
Approval of settlements in the case styled “Jonah Starling, Mildred Macfarland, H.D., a minor child, and Tanja Torchia vs. Alachua County, et al.,” Bradford County Civil Case #2021-CA-225.”
Recommended Action:
Recommended Action
Approve the four settlements. Refer to the confidential settlement memorandum
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
The total amount of the four settlements is $197,599.00, which will be paid from the Risk Fund - 501.18.1853.513.45.68.
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Strategic Guide:
Strategic Guide
Strategic Guide Here
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Background:
This matter was the basis of the Shade Meeting that occurred on December 6, 2022. If this agenda item is approved, the transcript of that meeting will become public record. In order to finalize this litigation, the Board must approve these four settlements in a public meeting, as no formal action may be taken during a Shade Meeting.
This case involves a motor vehicle accident that occurred on August 6, 2019. All four plaintiffs were in one vehicle that collided with a vehicle owned by Alachua County and driven by an Alachua County employee. All four plaintiffs incurred injuries, and produced medical records and medical bills substantiating their injuries. The proposed four settlement agreements are a compromise, since liability is contested in this matter. The County’s position is that the County’s driver was lawfully passing the plaintiffs’ vehicle, and that the driver of that vehicle (Mildred Macfarland) was negligent in failing to check her mirrors and ascertain that it was safe for her to turn left. The plaintiffs have taken the position that the County’s driver should not have been passing in the area where the accident occurred, and that he was speeding.