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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Approve settlement in the matter of Gregory Baker vs. City of Ocala, Case Number 2023-CA-3571, with a proposed settlement amount of $60,000
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OCALA’S RELEVANT STRATEGIC GOALS:
Fiscally Sustainable
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On or about December 1, 2022, an Ocala Police Department vehicle driven by a City employee was traveling on State Road 40 when the employee attempted to cross Pine Avenue as Gregory Baker proceeded through the intersection in his vehicle, causing a collision between the two vehicles. Based on the totality of the circumstances, it is evident that the City’s driver was at fault in the collision. The Plaintiff claims that he sustained permanent injuries as a result of the collision and filed suit in 2023. The parties have litigated the case extensively.
The parties mediated the case in November 2024. The Plaintiff’s last demand at mediation was $137,500, and the City’s last offer was $45,000 before the mediation reached an impasse. Soon after the mediation, the Plaintiff served the City with a Proposal for Settlement in the amount of $75,000. Thus, pursuant to Section 768.79, Fla. Stat., if the case were to proceed to trial, the Plaintiff would be entitled to attorneys’ fees if he obtained a judgment in an amount at least 25 percent greater than the Proposal amount.
After further extensive negotiations, counsel for the Plaintiff advised that the Plaintiff would accept $60,000 as a final settlement for this bodily injury claim. Pursuant to Resolution 2019-10, a discretionary $60,000 settlement 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 Plaintiff’s 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. It will prevent the possibility of an adverse judgment at jury trial in excess of the settlement amount.
FINDINGS AND CONCLUSIONS:
The City Council finds and determines that settlement of this matter for the sum of $60,000:
• Represents a reasonable, cost-effective settlement of the pending litigation while avoiding additional costs of litigation and the risk of an adverse judgment at trial;
• Does not result in a significant impact on 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 $60,000, 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