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File #: 121081.    Version: 1 Name:
Type: Staff Recommendation Status: Passed
File created: 5/2/2013 In control: City Attorney
On agenda: 5/16/2013 Final action: 5/16/2013
Title: MARY KATHRYN CALDWELL v. CITY OF GAINESVILLE; PRESUIT CLAIM ARISING FROM AN ACCIDENT THAT OCCURRED ON OR ABOUT AUGUST 25, 2011 (B)
Sponsors: City Attorney
Attachments: 1. 121081_Mary Caldwell Setttlement_20130516.pdf
title
MARY KATHRYN CALDWELL v. CITY OF GAINESVILLE; PRESUIT CLAIM ARISING FROM AN ACCIDENT THAT OCCURRED ON OR ABOUT AUGUST 25, 2011 (B)

recommendation
The City Commission 1) approve the terms of the negotiated settlement; and 2) authorize the City Attorney to settle the claim of Mary Kathryn Caldwell arising from an accident that occurred on or about August 25, 2011.

explanation
On August 25, 2011, Ms. Mary Kathryn Caldwell, a research scientist working on a Department of Defense grant with a local engineering firm, was riding her bicycle southbound in the designated bicycle lane on Gale Lemerand Drive, approaching the intersection with Stadium Road. A Regional Transit System bus was also traveling south on Gale Lemerand Drive directly to the left of Ms. Caldwell. As the bus and bicycle entered the intersection with Stadium Road, Ms. Caldwell proceeded straight, and the bus turned right. The bus collided with Ms. Caldwell, and the back right tires of the bus drove over Ms. Caldwell's legs below the knees.

Ms. Caldwell suffered extreme soft tissue damage in both legs, a sprained ankle, and a broken ankle. The left ankle required surgery including the placement of permanent screws. Including the emergency care, surgical intervention, and necessary physical therapy and rehabilitation, Ms. Caldwell incurred medical bills through June of 2012 totaling $37,740.22. She was wheelchair bound for a month, and non-weight bearing on her left leg for two months. In the immediate wake of the accident, Ms. Caldwell's parents flew to Gainesville to care for her, and she relied on the assistance of others for some time thereafter. She was unable to work for two months, incurring lost wages and compensation of approximately $8,773.50. Ms. Caldwell's physicians have cautioned her that there is the possibility that future surgeries may be necessary to remove the existing hardware, and there is a dramatic increase in the likelihood of early arthritic conditions.

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