title
SETTLEMENT OF PERSONAL INJURY CLAIM OF ROBERT AND KATHY BATES (NB)
recommendation
The City Commission: 1) approve the terms of the settlement agreement; and 2) authorize the City to settle the claim styled Robert and Kathy Bates vs. City of Gainesville.
explanation
On April 18, 2008, Robert Bates was a pedestrian crossing Main Street at its intersection with First Avenue. He was in the pedestrian crosswalk with a walk signal. According to the City's investigation, a City employee driving a City vehicle turning left from S.W. 1st Avenue onto Main Street struck Mr. Bates in the crosswalk. The City employee stated to the investigating officer that he did not see the pedestrian until he struck him. As a result of the accident, Mr. Bates landed on his shoulder.
Subsequent to the accident, Mr. Bates received emergency and follow up care, including rotator cuff surgery, therapy and medication to repair the damage and relieve the pain he felt since the accident. His surgeon notes that there is increased risk that he will re-tear the tendon and need follow up medical treatment. Mr. Bates was billed for medical expenses in the amount of $80,882. In addition, Mr. Bates claims $26,884 in lost wages for the time he had to take off work for doctor's appointments and recuperative time after the surgery. Mr. Bates claims that he also incurred damages for hiring people to do work that he normally did at his home and investment properties in the amount of $16,433. Mr. Bates would also seek damages for pain and suffering, loss of enjoyment of activities and future medical care. Ms. Bates maintains that she is entitled to damages for loss of consortium in some unspecified amount.
The Risk Management Department negotiated a pre-suit settlement in the amount of $70,000. In exchange the claimants will release the City of all claims for damages thus avoiding threatened litigation. It is the recommendation of the City Attorney's Office and the Risk Ma...
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