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 Pl...
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