title
CARLTON L. THOMAS V. CITY OF GAINESVILLE AND BARRY M. KAYS; ALACHUA COUNTY CIRCUIT COURT CASE NO. 01-05-CA-677 (B)
recommendation
The City Commission 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney to settle the claim of Carlton L. Thomas v. City of Gainesville and Barry M. Kays; Alachua County Circuit Court Case No. 01-05-CA-677 on behalf of the City.
explanation
On November 22, 2002, Carlton L. Thomas was involved in an automobile accident with a Gainesville Police Department vehicle on NW 12th Street near its intersection with NW 7th Avenue in the City of Gainesville, Florida. Immediately prior to the accident, Mr. Thomas’ vehicle was stopped at the westbound stop sign on NW 7th Avenue at the intersection with NW 12th Street, and the GPD vehicle stopped behind him. Both vehicles proceeded to turn left onto NW 12th Street. However, shortly after turning, Mr. Thomas’ vehicle slowed or came to a stop, and the GPD vehicle collided with him from behind. The GPD officer was issued a traffic citation for failure to use due care.
Subsequent to the accident, Mr. Thomas sought medical attention for back, and neck injuries. Mr. Thomas claimed medical bills totaling $21,673.60 related to injuries incurred in the accident, and additional sums due to lost wages and pain and suffering. At the time of the accident, Mr. Thomas was 40 years old, and employed as an auto detailer in the service department of Taylor Volvo. Mr. Thomas’ chiropractor and medical doctor assigned impairment ratings ranging from 4 to 12.5% of the whole body.
In February 2005, Mr. Thomas filed suit against the City of Gainesville and the individual officer involved in the accident. Since the officer was acting in the course and scope of his employment at the time of the accident, the City Commission authorized the City Attorney’s Office to represent both the City and the officer. Upon a motion filed by the City Attorney’s Office, the Co...
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