title
Richard Jensen v. City of Gainesville, Florida, d/b/a Gainesville Regional Utilities; Case No. 2020-CA-3379; Eighth Judicial Circuit, in and for Alachua County, Florida. (NB)
recommendation
The City Commission authorize the City Attorney to: (1) enter into a settlement in lieu of judgment, to resolve all post-trial motions and appeals of the claim of Richard Jensen arising from a trip and fall that occurred on or about January 8, 2019; and (2) pursue a lawsuit against the insurer of Admiral Security for bad faith insurance practices and breach of contract.
explanation
On the morning of January 8, 2019, Mr. Jensen, a former employee of Admiral Security Services, Inc., a security contractor for the City, reported for his second day at the jobsite, the front gate of the Deerhaven power plant. He found a semi-truck waiting at the gate at 5:45 am. Despite his training, that no truck deliveries are allowed prior to opening at 6:00 am, Mr. Jensen attempted to let the truck through. However, the traffic arm at the front gate was locked in the down position because Deerhaven staff had not yet unlocked it. Mr. Jensen then accessed the electronic circuitry of the traffic arm, to manually override it. To do so, Mr. Jensen left the guard shack, crossing the traffic lane to reach the electronic console for the traffic arm, located next to the raised scale between the in-bound and out-bound lanes. Mr. Jensen removed the console cap, exposing the electronic circuitry, and proceeded to manipulate the circuitry manually. As he was so doing, a Deerhaven staff person approached the facility entrance. Mr. Jensen replaced the console cap and hurried over to meet the staff member. As he was hurrying, Mr. Jensen tripped over a conduit pipe located behind an intercom pole, between the traffic lanes. Mr. Jensen sustained injuries to his left knee and left arm.
Mr. Jensen settled his workers compensation claim with Admiral Security (and insurer Continental Casualty...
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