title
PROPOSED SETTLEMENT OF CASE (B)
JESSICA HECKMAN V. CITY OF GAINESVILLE, MIKE DUMAS, INDIVIDUALLY AND D/B/A DUMAS DISCOUNT, DEANNA DUMAS AND LETCHER WORLEY; Alachua County Circuit Court; Case No.: 99-3083
recommendation
The City Commission: 1) hold a public hearing; 2) approve the terms of the settlement; and 3) authorize the City Manager and special counsel to settle the case.
explanation
This case involves a motor vehicle accident that occurred shortly after 10:00 PM on September 2, 1995 at the intersection of University Avenue and N.W. 15th Street. A University of Florida home football game had recently concluded, and traffic control measures were instituted to deal with the overflow of vehicles and pedestrians in the area. The Gainesville Police Department had overridden the lights at this intersection so that traffic travelling on University Avenue faced yellow flashing, caution lights while the traffic on N.W. 15th Street faced a flashing red light. A police explorer was stationed at the intersection to direct traffic.
Waiting at this intersection was a pick-up truck in which the Plaintiff was a passenger in the bed of the truck. The pick-up truck was attempting to make a left hand turn to go east on University Avenue. At the same time, another pick-up truck was travelling west on University Avenue. The police explorer signaled to the pick-up truck, in which the Plaintiff was a passenger that it could proceed with its left hand turn. It did so and was almost immediately struck by the other pick-up truck travelling in the curb lane. The Plaintiff was thrown to the floor of the pick-up truck bed and injured her right shoulder and chest.
Plaintiff was transported by ambulance to Alachua General Hospital where she was diagnosed with a shoulder separation. She followed up with orthopedist Clinton Bush, M.D., who evaluated and treated her for problems with her shoulder over the next few years. Dr. Bush eventually performed two ...
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