title
DARREN MACKEY vs. CITY OF GAINESVILLE; CASE NO.: 09-CA-5202 (B)
recommendation
The City Commission 1) approve the terms of the mediated settlement agreement; and 2) authorize the City Attorney to settle the case styled Darren Mackey v. City of Gainesville, Case No. 09-CA-5202.
explanation
Mr. Mackey filed a lawsuit against the City of Gainesville alleging that on June 15, 2007, while driving westbound on SR 24 (SW Archer Road) west of the intersection with SW 34th Street, a Gainesville Regional Utilities tanker truck collided with his vehicle from behind. At the time, Mr. Mackey was driving a mid-sized box truck in the course of his employment with a contractor supply company, and was stopped two vehicles behind a City bus that was loading and unloading passengers.
Mr. Mackey asserts that he suffered permanent back and neck injuries. The injuries were non-surgical, but Mr. Mackey sought medical and chiropractic treatment and therapy resulting in approximately $12,000.00 in billed expenses. In June, 2008, he settled a workers' compensation claim arising from this accident, with the final sum paid out to Mr. Mackey and his medical providers totaling in excess of $40,500. His previous employers' workers' compensation carrier retained a lien in that amount on the proceeds of any judgment or settlement that he may receive from the City or any other source related to the accident.
Initially, Mr. Mackey sought damages in excess of the statutory cap of $100,000, for past and future medical expenses, pain and suffering, loss of capacity to enjoy life, loss of wages, and loss of capacity to earn wages. The parties engaged in Court-ordered mediation, and reached a negotiated settlement for all claims of Mr. Mackey in the amount of $35,000, subject to the approval of the City Commission and a full and final release executed by Mr. Mackey. It is the recommendation of Risk Management and the City Attorney's Office that the case be settled for th...
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