title
VIRGINIA IRVING VS. CITY OF GAINESVILLE (B)
recommendation
The City Commission 1) approve the terms of the settlement; and 2) authorize the City Manager and the City Attorney's Office to settle the case styled Virginia Irving, individually and as parent and natural guardian of Kwandra Clayton, a minor, and Chantele Hadley, a minor, Plaintiffs, v. Dittrich Trucking, Inc., Robert John Napolitano, and the City of Gainesville, Defendants; Robert John Napolitano and Mary Napolitano, Third Party Plaintiffs v. City of Gainesville, Third Party Defendants; Case No.: 99-923-CA.
explanation
On July 30, 1998, Virginia Irving was driving her vehicle south on Southeast 14th Street in Gainesville. She did not yield at the stop sign controlling the intersection of Southeast 14th Street and Southeast 3rd Avenue. She entered the intersection at the same time as a fully loaded tractor trailer. The vehicles struck each other and traveled together a short distance before the tractor trailer overturned onto Ms. Irving's vehicle, dumping its load of sand.
Ms. Irving was critically injured in the accident. She suffered multiple traumas, including brain damage, damage to her left eye, left ear, left thigh, damage to one of her lungs, and respiratory failure. She remained at Shands for three weeks and then was transferred to Vencor where she remained for over a month. Her medical bills as a result of those two hospitalizations total over $200,000.00. She has continued to received medical treatment and will continue to need medical treatment in the future.
Ms. Irving sued the City as well as the tractor trailer driver and the trucking company. She alleged that a crepe myrtle that was located in City right of way approximately 40 feet back from the stop sign blocked a driver's view of the stop sign. Pictures were produced by Plaintiff's attorney to show that her view of the stop sign was blocked. Ms. Irving alleged that the City had notice of the blocked stop sign because of an accident that occurred at the same intersection six weeks earlier where it was alleged that a different driver ran the same stop sign because she could not see it. Ms. Irving alleged that the City was notified of the condition of the stop sign after the first accident and did nothing about it. After Ms. Irving's accident, the City took subsequent remedial action at that intersection and other intersections in the City.
Ms. Irving sued the City for damages relating to her bodily injury and resulting pain and suffering, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization and medical care, property damage, loss of earnings, and loss of the ability to earn money. Ms. Irving also alleged that she is totally and permanently disabled as a result of the accident and brought a loss of parental consortium claim on behalf of her two minor children.
Mr. Napolitano, the driver of the truck that overturned onto Ms. Irving's vehicle, and his wife also sued the City. He alleged that because of the City's negligence, Ms. Irving ran the stop sign and caused both property damage to his tractor trailer and physical injuries to his person. His out of pocket expenses between medical bills, property damage, and loss of wages totaled over $40,000.00. His wife sued the City on a spousal loss of consortium claim.
Ms. Irving and her attorney, Mr. and Mrs. Napolitano and their attorney, the attorney and representatives for the trucking company, and City attorneys and representatives recently attended a court ordered mediation. The City negotiated a settlement with Ms. Irving for $100,000.00, a settlement with her two children for a total of $60,000.00 and a settlement with Mr. and Mrs. Napolitano for $20,000.00. It is the recommendation of the City Attorney's Office, outside counsel and the Risk Management Department that the case be settled for the above negotiated amounts.