Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of settlement in the matter of Terry Yaple and the Estate of Michael Yaple, Case Number 2023-CA-002299, with a proposed settlement amount of $135,000
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OCALA’S RELEVANT STRATEGIC GOALS:
Choose an item., Fiscally Sustainable
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On or about April 8, 2022, an Ocala Police Department vehicle driven by a City employee attempted to cross S Pine Avenue and struck a vehicle occupied by Michael and Terry Yaple. It is evident that the City’s driver violated the Plaintiffs’ right-of-way and caused the collision that resulted. Thus, the City’s liability for the collision is not in dispute. The Plaintiffs filed suit, and the parties have litigated the case extensively. Michael Yaple died in early 2024 for reasons unrelated to this case, and Terry Yaple continued to pursue a claim on behalf of his estate.
The parties mediated the case in October 2024. Prior to mediation, the Plaintiff’s last demand to the City to settle the case was for sovereign immunity limits of $300,000.00. After thorough negotiations at mediation, the City’s final offer was a global offer of $125,000.00. The Plaintiffs’ final demand at mediation was $145,000.00, and mediation resulted in an impasse.
The parties continued to litigate the case, and the City was served with Proposals for Settlement for each claim ($150,000.00 for Terry Yaple’s claim, and $100,000.00 for the Estate of Michael Yaple). Thus, pursuant to § 768.79, Fla. Stat., if the case were to proceed to trial, the Plaintiffs would be entitled to attorneys’ fees if either Plaintiff obtained a judgment in an amount at least 25% greater than their respective proposal amount.
In an effort to resolve the case without further litigation extending into 2025, the City Attorney’s Office reinitiated negotiation with Plaintiffs’ counsel in November 2024 and conveyed a tentative global offer of $135,000.00, which was accepted by the Plaintiffs.
Pursuant to Resolution 2019-10, a discretionary settlement in the amount of $135,000.00 requires approval of the City Council, based upon recommendations from the City Manager, the City Attorney, and the Human Resources & Risk Management Director.
Given the City’s apparent liability for the accident, the issue at trial would not be whether the City is responsible for the Plaintiffs’ damages; rather, the issue would be the extent of the Plaintiffs’ damages. An agreement to settle this matter at this time will avoid the additional costs of continued litigation-including discovery costs, expert witness fees, and other expenses-and will prevent the possibility of an adverse judgment at jury trial in excess of the settlement amount.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines and concludes that the settlement in the matter of Terry Yaple and the Estate of Michael Yaple v. City of Ocala, Florida, Case Number 2023-CA-002299, with a proposed settlement amount of $135,000.00:
• Represents a reasonable, cost-effective settlement of the pending litigation while avoiding additional costs of litigation and the risk of an adverse judgement at trial.
• Does not result in a significant impact to the finances of the City of Ocala, Florida;
• Is intended to and does protect and promote the health, safety and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida and its citizens.
FISCAL IMPACT:
This proposed settlement will have a financial impact of $95,000.00 which would be paid from the City's self-insurance fund, 628-099-999-590-81-45020.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
Approval of this proposed settlement has been reviewed, approved, and is recommended to City Council by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny