SUBJECT:
Title
Request Approval of Auto Liability Settlement in the Civil Action, Anthony Gonzalez v. Marion County Board of County Commissioners, Case No. 2025-CA-289 (Budget Impact - Neutral; expenditure of $175,000)
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
On May 23, 2023, Anthony Gonzalez was the driver of a 2016 Hyundai Sonata which was turning right into Baseline Auto Sales on County Road 35 (Baseline Road). A County-owned 2007 dump truck operated by a County employee struck the rear of Mr. Gonzalez’s vehicle, causing Mr. Gonzalez to hit a parked Ford van in the Baseline Auto Sales lot.
Mr. Gonzalez underwent treatment and complained of pain and discomfort in his neck, back and right knee because of the accident and underwent right knee surgery on September 27, 2023.
Mr. Gonzalez is represented by Dan Newlin Injury Attorneys. This lawsuit was filed on February 17, 2025. The original demand for settlement was for our maximum sovereign immunity limit of $200,000. If this case were to proceed to a jury trial, Marion County faces exposure for Mr. Gonzalez’s past and future medical expenses as well as non-economic damages which could easily exceed the sovereign immunity limit if a jury were to favorably consider Mr. Gonzalez’s claim that his quality of life has been diminished due to this accident.
On March 9, 2026, Mr. Gonzalez forwarded a settlement demand in the amount of $175,000. The County Attorney’s office agreed to the amount of $175,000, contingent on approval by the Marion County Board of County Commissioners (Board), which Mr. Gonzalez accepted. The recommendation to the Board is that Marion County settle this auto liability claim in the amount of $175,000, inclusive of attorneys’ fees and costs to be paid from the Auto Liability Self-Insurance Fund.
BUDGET/IMPACT:
Neutral; expenditure of $175,000, from the Auto Liability Self-Insurance Fund ZK160519-545701.
RECOMMENDED ACTION:
Recommended action
Motion to Adopt Resolution Approving Settlement in the Anthony Gonzalez v. Marion County Board of County Commissioners, Civil Action Case for $175,000, to be paid for by the County’s Auto Liability Self-Insurance Fund.
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