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File #: 140748.    Version: 1 Name:
Type: Staff Recommendation Status: On Consent Agenda
File created: 2/19/2015 In control: City Attorney
On agenda: 3/5/2015 Final action:
Title: Cornelius Minafield and Eula Daniels v. City of Gainesville; Case No. 2014-CA-1958; Eighth Judicial Circuit, in and for Alachua County, Florida. (NB)
Sponsors: City Attorney
title
Cornelius Minafield and Eula Daniels v. City of Gainesville; Case No. 2014-CA-1958; Eighth Judicial Circuit, in and for Alachua County, Florida. (NB)

recommendation
The City Commission: 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney to settle the claims of Cornelius Minafield and Eula Daniels arising from an accident that occurred on or about November 25, 2012.

explanation
On November 25, 2012, Ms. Daniels was driving a vehicle with Mr. Minafield as a front-seat passenger when she collided with a Gainesville Police Department marked vehicle at the intersection of SE 4th Avenue and SE 3rd Street, in Gainesville. The police vehicle was responding to an emergency call with lights activated. The traffic light was green for Ms. Daniels and Mr. Minafield, and they denied observing the police vehicles lights. The Gainesville Police Department conducted an internal Vehicle Incident Review Board administrative investigation into the accident, and found that the officer could have prevented the accident. The officer was disciplined as a result of the accident.

Emergency vehicles responded to the scene of the accident, and transported Mr. Minafield and Ms. Daniels to the Shands Hospital Emergency Room. Mr. Minafield claimed extensive spinal injuries related to the accident, and underwent surgery for a three-level spinal fusion. In total, Mr. Minafield incurred medical bills in excess of $228,000 after the accident. Ms. Daniels' medical bills exceeded $14,000. Both Mr. Minafield and Ms. Daniels asserted that their injuries resulted in permanent impairments that would lead to future medical expenses, lost wages and/or the ability to earn wages, and past and future pain and suffering.

During the course of discovery, counsel for both the City and Mr. Minafield and Ms. Daniels conducted depositions of the parties and witnesses. A complete review of the applicable medical records was performed, as well as a review of th...

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