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 Goff v. City of Ocala, Florida with a proposed settlement amount of $95,000
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
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BACKGROUND:
In or about 2021, the City of Ocala, Florida was sued by James Goff based upon an allegation that certain portions of a public sidewalk were negligently maintained and resulted in a condition which led to Mr. Goff falling and sustaining injuries.
The case was styled James Goff v. City of Ocala, Florida and was assigned Case Number 21-CA-1553.
During the course of the litigation, counsel for the City of Ocala and Mr. Goff negotiated a proposed settlement in which the City will pay Mr. Goff the sum of $95,000.00 as full and complete settlement for all of his claims related to the aforementioned incident.
An agreement to settle this matter with Mr. Goff at this time will avoid the additional costs of continuing to litigate this matter 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.
FINDINGS AND CONCLUSIONS:
City staff finds and determines that settlement of this matter for the sum of $95,000.00 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 City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny