title
Lindsey Thomas and Spencer Thomas v. City of Gainesville; Case No. 2013-CA-5075; Eighth Judicial Circuit, in and for Alachua County, Florida. (NB)
recommendation
The City Commission: 1) approve the terms of the mediated settlement agreement; and 2) authorize the City Attorney to settle the claims of Lindsey Thomas and Spencer Thomas arising from an accident that occurred on or about October 25, 2012.
explanation
On October 25, 2012, Lindsey Thomas was a seat-belted driver of a vehicle travelling west on the inside lane of State Road 26 (West University Avenue), approaching NW 27th Terrace, when a tree fell on top of her vehicle causing her to be trapped inside. The tree originated from the right-of-way of an adjacent City street. Rescue workers used the jaws of life to remove Ms. Thomas from the vehicle. She suffered numerous injuries, to her neck, hand, and head. Medical treatment is ongoing, with bills currently totaling in excess of $68,000. Additionally, Ms. Thomas experienced damages related to mental anguish, pain and suffering, lost wages, and impacts on her marital relationship. Mr. Thomas also experienced a loss of consortium, including marital services and companionship. He has played a key part in Ms. Thomas' recovery, both as her caretaker and in a more specialized role due to his expertise as a professional athletic trainer.
During the course of discovery, counsel for both the City and Mr. and Ms. Thomas conducted depositions of all parties and several witnesses. A complete review of the applicable medical records was performed, as well as a review of the City's policies and practices regarding trees in the City right-of-way. Per the application of Florida's limited waiver of sovereign immunity contained in section 768.28, Florida Statutes, the City's liability and authority to settle claims such as this is limited to $200,000.00 per person and $300,000.00 per incident. After prolonged, court-ordered mediation, a negotiated se...
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