title
CARLOS DIEZ vs. CITY OF GAINESVILLE (B)
recommendation
The City Commission 1) approve the terms of the settlement agreement; and 2) authorize the City Attorney to settle the case styled Carlos Diez vs. City of Gainesville.
explanation
Mr. Diez has filed a claim alleging that on December 30, 2008, a City of Gainesville Public Works vehicle was left running and unattended on a grass embankment on the north side of the 5500 block of West Newberry Road. Mr. Diez further alleges that he was astride a stopped motorcycle in the northbound turn lane of West Newberry Road, when the City vehicle rolled backwards, struck a concrete barrier, jumped the curb, and collided with Mr. Diez's motorcycle.
Mr. Diez asserts that he was thrown off the motorcycle and landed several feet away into the eastbound lane of traffic, resulting in surgery to his left wrist. His treating physician has assigned an impairment rating of two percent related to injuries to his wrist. Mr. Diez holds a medical degree, and is employed at the University of Florida as a research assistant professor performing microsurgery on small animals for medical research. He claims over $14,000 in medical expenses related to the wrist injury, and fears that the injury may have long-term effects on his future earning capacity. Initially, Mr. Diez sought damages in the amount of $100,000.
The parties have engaged in settlement negotiations, and have reached a negotiated settlement for all claims of Mr. Diez in the amount of $32,000, subject to the approval of the City Commission and a full and final release executed by Mr. Diez. It is the recommendation of Risk Management and the City Attorney's Office that the case be settled for that amount.