Submitted By: Richard Dennis
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Presentation By: William Sexton
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approve settlement in the matter of Kellee Reza, as Parent and Natural Guardian of P.H., a minor, v. City of Ocala, Florida with a proposed settlement amount of $100,000
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OCALA'S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
In July 2020, Kellee Reza and her minor child were at the Heritage Nature Conservancy playground when a large oak tree fell, striking the child and causing substantial injuries to the child. Ms. Reza subsequently filed suit against the City of Ocala on behalf of the child, alleging that the City of Ocala had actual or constructive knowledge of the dangerous condition that led to the tree's collapse.
During the course of litigation, the City Attorney's Office negotiated a proposed settlement in which the City will pay the Plaintiff the sum of $100,000 as full and complete settlement for all claims related to the aforementioned incident.
An agreement to settle this matter at this time will avoid the additional costs of continued litigation and will prevent the possibility of an adverse judgment in excess of the settlement amount.
Pursuant to Resolution 2019-10, the Human Resources & Risk Management Director, the City Attorney, and the City Manager all recommend approval of this settlement by City Council.
Attached to this agenda item are:
1. The Settlement Agreement at Mediation; and
2. A Memorandum outlining the facts of this case and the proposed settlement terms.
In the event that Council approves of this settlement in accordance with the attached Memorandum, the Council President is authorized to sign said Memorandum.
Following approval by Council of this agenda item, the Plaintiff will be issued a check for the settlement amount and the Plaintiff will deliver to the City a fully executed release.
FINDINGS AND CONCLUSIONS:
Ci...
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