title
ROBERT WILLIAMS v. CITY OF GAINESVILLE; CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FL; CASE NO. 01-2012-CA-1984 (B)
recommendation
The City Commission 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney to settle the claim of Robert Williams v. City of Gainesville; Circuit Court of the Eighth Judicial Circuit in and for Alachua County, FL; Case No.: 01-2012-CA-1984, on behalf of the City.
explanation
On January 20, 2011, Plaintiff Robert Williams tripped and fell while walking on a City sidewalk located in the unit block of SE 3rd Street in downtown Gainesville. Mr. Williams sought emergency medical treatment, and, ultimately, surgeries for injuries sustained in the accident. He was hospitalized for in excess of one week, and underwent home healthcare and physical rehabilitation. His physicians opined that he suffered permanent injuries resulting from this accident, and he incurred medical bills exceeding $130,000.00. At trial, Mr. Williams also anticipated presenting claims for lost income, pain and suffering, loss of earning capacity, and future medical expenses.
Mr. Williams filed suit in May 2012 and served the City in August 2012. Both parties engaged in discovery in preparation for trial, and participated in Court-ordered mediation on July 24, 2013. The mediation initially reached an impasse, but both parties continued to negotiate as discovery continued. 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. After mediation and further negotiations, on October 16, 2013, representatives for the City reached a settlement of all claims with Mr. Williams and his attorneys in the amount of $28,000.00, subject to the approval of the City Commission of the City of Gainesville. It is the recommen...
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