title
Jerome Fleming and Deanna Fleming v. City of Gainesville; Case No. 2019-CA-512; 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 Jerome Fleming and Deanna Fleming, arising from an accident that occurred on or about September 6, 2016.
explanation
On September 6, 2016, at approximately 9:38 a.m., a City-owned 12-yard dump truck departed the City's Public Works compound on NW 39th Avenue. The truck, driven by a City employee in the course and scope of his employment with the City, proceeded to turn left on NW 39th Avenue to head west. As it entered the inside westbound lane, the truck collided with the rear side of a vehicle driven by the Plaintiff Jerome Fleming. Supervisors with the City's Operations Division of the Public Works Department investigated the accident, and concluded that the City employee was, "at fault for this accident." The employee received progressive discipline.
After the accident, Plaintiff Jerome Fleming proceeded to his worksite to perform the duties of his employment as a painter. In short time, he contacted his wife, Plaintiff Deanna Fleming, who accompanied him to the emergency room where he complained of neck and back pain. Over the succeeding months, Mr. Fleming received treatment for lower back and neck injuries. His doctors performed multiple surgical procedures, and related the surgical procedures to the automobile accident.
At trial, the Plaintiff's attorneys were prepared to offer evidence of $228,182.58 in past medical expenses. They argued that he would suffer over $150,000 in future medical expenses over the expected course of his life. He planned to claim over $41,000 in lost wages and $189,000 in future lost wages and earning capacity. These proposed damages do not include the Plaintiff's claim for damages related to pain and suffering...
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