title
Laura Roberts f/k/a Laura Demetree and Nathan Roberts vs. City of Gainesville and United Services Automobile Association; Eighth Judicial Circuit, Court Case No. 01-2009-CA-2046 (NB)
recommendation
The City Commission 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney to settle the claim of Laura Roberts f/k/a Laura Demetree and Nathan Roberts vs. City of Gainesville and United Services Automobile Association, Eighth Judicial Circuit Case No. 2009-CA-2046, on behalf of the City.
explanation
On April 23, 2009, the City was served with a Summons and Complaint filed by Laura Roberts and Nathan Roberts in the Circuit Court. Ms. Roberts was struck while a pedestrian in a crosswalk by a Regional Transit System bus on the campus of the University of Florida within the city limits of the City of Gainesville.
The Complaint alleged that on April 18, 2006, Ms. Roberts was crossing Gale Lemerand Drive at the intersection with Mowry Road on a green light utilizing a crosswalk. When she was approximately halfway across the road, she was struck by a Regional Transit System bus which was making a left turn, violating her right of way as a pedestrian.
Ms. Roberts claimed to have sustained bodily injury, loss of capacity for the enjoyment of life, aggravation of a previous condition, expenses for medical care and treatment in the future, loss of ability to earn money, mental anguish, and disability/disfigurement. Mr. Roberts is Ms. Roberts' husband and co-plaintiff, and alleged a consortium claim due to Ms. Roberts's injuries.
At a Court-mandated mediation conference, counsel for Ms. And Mr. Roberts indicated that they would seek in excess of the statutory cap of $200,000 in damages at trial. They intended to present evidence at trial of a permanent back injury, over $13,000 in past medical expenses, ongoing periodic treatment, and work-related limitations, as well as limitations in the performance of household-relate...
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