title
VIRGINIA IRVING VS. CITY OF GAINESVILLE (B)
recommendation
The City Commission 1) approve the terms of the settlement; and 2) authorize the City Manager and the City Attorney's Office to settle the case styled Virginia Irving, individually and as parent and natural guardian of Kwandra Clayton, a minor, and Chantele Hadley, a minor, Plaintiffs, v. Dittrich Trucking, Inc., Robert John Napolitano, and the City of Gainesville, Defendants; Robert John Napolitano and Mary Napolitano, Third Party Plaintiffs v. City of Gainesville, Third Party Defendants; Case No.: 99-923-CA.
explanation
On July 30, 1998, Virginia Irving was driving her vehicle south on Southeast 14th Street in Gainesville. She did not yield at the stop sign controlling the intersection of Southeast 14th Street and Southeast 3rd Avenue. She entered the intersection at the same time as a fully loaded tractor trailer. The vehicles struck each other and traveled together a short distance before the tractor trailer overturned onto Ms. Irving's vehicle, dumping its load of sand.
Ms. Irving was critically injured in the accident. She suffered multiple traumas, including brain damage, damage to her left eye, left ear, left thigh, damage to one of her lungs, and respiratory failure. She remained at Shands for three weeks and then was transferred to Vencor where she remained for over a month. Her medical bills as a result of those two hospitalizations total over $200,000.00. She has continued to received medical treatment and will continue to need medical treatment in the future.
Ms. Irving sued the City as well as the tractor trailer driver and the trucking company. She alleged that a crepe myrtle that was located in City right of way approximately 40 feet back from the stop sign blocked a driver's view of the stop sign. Pictures were produced by Plaintiff's attorney to show that her view of the stop sign was blocked. Ms. Irving alleged that the City had notice of the blocked...
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