SEMINOLE COUNTY, FLORIDA Header Image
File #: 2024-0121   
Category: Consent Item Status: Passed
File created: 2/8/2024 Type: Board of County Commissioners
On agenda: 2/27/2024 Final action: 2/27/2024
Title: Approve the proposed mediated settlement of a general liability/bodily injury lawsuit (Mary Jean Leva v. Seminole County, Florida, Case No. 2022CA001100) related to an incident that occurred on June 27, 2020, for the total amount of $165,000, inclusive of attorney's fees. Countywide (Bill Telkamp, Risk Manager)
Attachments: 1. General Release by Mary Jean Leva

Title:

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Approve the proposed mediated settlement of a general liability/bodily injury lawsuit (Mary Jean Leva v. Seminole County, Florida, Case No. 2022CA001100) related to an incident that occurred on June 27, 2020, for the total amount of $165,000, inclusive of attorney’s fees. Countywide (Bill Telkamp, Risk Manager)

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Division:

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Resource Management - Risk Management

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Authorized By:

Lorie Bailey Brown, CFO/Resource Management Director

Contact/Phone Number:

Bill Telkamp/407-665-5258

Background:

On June 27, 2020, Seminole County Fire Department emergency medical services were summoned to Ms. Leva’s home in Seminole County.  Seminole County paramedics determined it was appropriate to transport Ms. Leva non-emergency to a hospital.  Ms. Leva was positioned onto a standard wheeled stretcher and belted appropriately for transport. While being wheeled to the rescue vehicle, upon transition from sidewalk surface to parking lot surface, the stretcher tipped over.  Ms. Leva sustained a serious injury to her arm as a result of the incident.

Plaintiff served her original Complaint on Seminole County on May 24, 2022, an Amended Complaint on June 6, 2022, and a Second Amended Complaint on November 9, 2023. Court-mandated mediation was held February 1, 2024, and a tentative settlement agreement was reached contingent upon approval by the Seminole County Board of County Commissioners.  As evidenced by the attached signed General Release, Ms. Leva has authorized her counsel to execute a Joint Stipulation for Dismissal with Prejudice of the lawsuit to be filed with the Court by counsel upon settlement. The proposed settlement of $165,000 is inclusive of attorney’s fees and provides for a full and complete settlement of any and all claims, rights and actions whatsoever that the Plaintiff has or may have against Seminole County.

Requested Action:

Approve the proposed mediated settlement of any and all claims, rights and actions whatsoever that the Plaintiff has or may have against Seminole County for the total amount of $165,000, inclusive of attorney's fees, and authorize staff and counsel to execute all necessary settlement documents.