title
Elizabeth Tinley Collins v. City of Gainesville; Alachua County Circuit Court; Case No.: 01-
2013-CA-1326 (B)
recommendation
The City Commission 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney to settle the claim of Elizabeth Tinley Collins v. City of Gainesville; Alachua County Circuit Court; Case No.: 01-2013-CA-1326 on behalf of the City.
explanation
On September 16, 2010, a City of Gainesville RTS bus was involved in an accident with a vehicle driven by Plaintiff Tinley Elizabeth Collins (the case style misstates her name). Prior to the accident, both vehicles were stopped in the right turn lane on NE 8th Avenue preparing to turn South onto Waldo Road. The bus was behind the Plaintiff's vehicle. Prior to the Plaintiff completing the right turn, the bus proceeded to sweep wide right and collided with the rear driver's side of the Plaintiff's vehicle. The City bus driver was cited for a traffic violation.
Ms. Collins sought medical treatment, and, ultimately, surgery on her left shoulder for injuries sustained in the accident. Her physicians opined that she suffered permanent injuries resulting from this accident, and she incurred medical bills in excess of $74,000. At trial, Ms. Collins also anticipated presenting claims for lost wages, past and future pain and suffering, loss of earning capacity, and future medical expenses including a potential additional surgery on her left wrist.
Ms. Collins served the City with this lawsuit in April 2013. Both parties engaged in discovery in preparation for trial, and participated in Court-ordered mediation on January 15, 2014. Per the application of Florida's limited waiver of sovereign immunity contained in section 768.28, Florida Statutes, the City's liability and authority to settle claims such as this is limited to $100,000 per person, and $200,000 per incident. At mediation, representatives for the City negotiated a settlement of all claims with Ms. Colli...
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