title
SETTLEMENT OF PERSONAL INJURY CLAIM OF JUAN C. HINES (B)
recommendation
The City Commission 1) approve the terms of the settlement agreement; and 2) authorize the City Attorney to settle the claim of Juan Hines.
explanation
Mr. Hines has filed a claim alleging that, on January 10, 2009, he was involved in an automobile accident with a Gainesville Police Department vehicle at the intersection of NE 10th Avenue and N. Main Street in Gainesville. Mr. Hines asserts that he was southbound on N. Main Street, proceeding through the intersection with NE 10th Avenue with a green light, when he was struck by a police vehicle travelling westbound on NE 10th Avenue in pursuit of a traffic law violator. Specifically, Mr. Hines claims that the police vehicle violated the red light without activating his emergency lights or siren. The Gainesville Police Department officer was issued a traffic citation for violation of a traffic control device, and was found to be the at-fault driver in a preventable accident after an investigation by the Gainesville Police Department Internal Affairs Unit.
Mr. Hines asserts that he has suffered permanent back and neck injuries. Immediately after the accident, Mr. Hines sought emergency room treatment, and followed up with medical and chiropractic care. His treating physician has assigned a permanent impairment rating of eight percent related to injuries from this accident. To date, Mr. Hines claims medical expenses in excess of $15,000, non-inclusive of lost wages, future medical expenses, and damages related to pain and suffering. Initially, Mr. Hines sought damages in excess of the sovereign immunity cap of $100,000.
The City's independent adjuster and Risk Management Department engaged in pre-suit settlement negotiations, and reached a negotiated settlement for all claims of Mr. Hines in the amount of $25,000, subject to the approval of the City Commission and a full and final release executed by Mr. Hines. It is...
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