TO: Mayor and City Commission
FROM: Douglas E. Smith, City Manager
DATE: March 4, 2015
Title
APPROVING SETTLEMENT OF THE SUBROGATION CLAIM WITH FLORIDA POWER AND LIGHT AS PAYMENT FOR THE REAR END COLLISION WITH THEIR INSURED, STEPHEN FLETT, FOR $95,000 WITHOUT ADMISSION OF LIABILITY
.Body
BACKGROUND: Former Police Officer Ivan Rivera (a terminated employee) was involved in a motor vehicle accident, striking the rear of a vehicle driven by claimant Stephen Flett, on January 30, 2011. A claim for subrogation was brought by FP&L to recover some of the $400,000.00 paid to Mr. Flett pursuant to the Employee Vehicle Business Use Agreement (a private insurer).
Mr. Flett, who had a fused cervical spine in the early 2000's, was required to have another surgical fusion in his cervical spine, because of this motor vehicle accident, and his medical bills total approximately $148,000. He further claims lost wages, as a tree surgeon, of $150,000.
Recovery is limited by the Sovereign Immunity Cap, which at the time of this accident was $100,000.00. In order for it to be less than $100,000, a jury would have to find that Mr. Flett's comparative negligence was in excess of 75% in the rear end collision of his car by a City vehicle.
RECOMMENDATION: For approval.
FISCAL IMPACT: $95,000 from the Self-Insurance Fund
CONTACT PERSON: Eugene M. Steinfeld, City Attorney