Submitted By: Richard Dennis
presenter
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 James David Day and Joann Day, personally and as Trustees of the Day Family Trust v. City of Ocala, Florida with a proposed settlement amount of $75,050
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
In 1971, James David Day purchased burial rights to four adjacent burial plots from the City of Ocala within the Woodlawn Cemetery which is operated by the City of Ocala. Subsequently, Mr. Day’s parents were buried in two of the four burial plots. In 2021, when James David Day and Joann Day were making preparations with a funeral home for their burials in the two remaining plots, it was determined that two unidentified individuals were buried in the two remaining plots at some point in time. The Days subsequently purchased two additional plots within Woodlawn Cemetery at their own expense.
The Days filed suit against the City of Ocala, alleging that the City was either negligent in selling burial plots to the Days which were already filled or by allowing burials to be completed in the plots subsequent to their purchase by Mr. Day. The Days further alleged that the City of Ocala failed to keep accurate burial records as to the plots in violation of Section 497.276, Florida Statutes.
During the course of litigation, the City Attorney’s Office negotiated a proposed settlement in which the City will pay the Plaintiffs the sum of $75,050 as full and complete settlement for all claims related to the aforementioned incident. As part of the settlement, the two plots which contain unidentified burials will be deeded back to the City of Ocala.
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.
The City Attorney’s Office is working with counsel for the Plaintiff to develop a comprehensive settlement agreement which incorporates the aforementioned terms.
Following approval by Council of this agenda item, the Council President is authorized to execute said agreement.
FINDINGS AND CONCLUSIONS:
City staff finds and determines that settlement of this matter for the sum of $75,050 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 $75,050 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 City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny