SUBJECT:
Title
Request Approval of Auto Liability Settlement in the Civil Action Case, Carmen Haley v. Marion County Board of County Commissioners, Case No. 2022-CA-1205
Body
INITIATOR: DEPARTMENT:
Matthew G. Minter, County Attorney County Attorney
DESCRIPTION/BACKGROUND:
On November 11, 2021, Carmen Haley was the driver of a 2011 Toyota Rav 4 which was stopped in the left turn lane at the intersection of Hwy 441 and SR 464 when a County owned 2016 Ford F450 Ambulance operated by Marion County employee, Adam Diefendorf (Fire Rescue), struck the left fender of Ms. Haley’s vehicle. Mr. Diefendorf was making a right turn onto SR464 but, due to the wet roadway, lost traction and hit Ms. Haley’s vehicle.
Ms. Haley underwent treatment and complained of pain and discomfort in her neck and right shoulder as a result of the accident. Significantly, Ms. Haley underwent a right shoulder surgery on February 9, 2022. Ms. Haley is represented by Morgan & Morgan. This lawsuit was filed on June 15, 2022. The original demand for settlement was for our maximum sovereign limits of $200,000. If this case were to proceed with a jury trial, Marion County faces exposure for Ms. Haley’s past and future medical(s) as well as non-economic damages which could easily exceed the sovereign immunity cap of $200,000 if a jury were to favorably consider Ms. Haley’s claims that her quality of life has been compromised due to this accident.
On February 5, 2025, mediation was held, which resulted in an impasse. On February 7, 2025, Ms. Haley forwarded a settlement demand in the amount of $137,500. In response, our office forwarded a counter-offer in the amount of $135,000 contingent on Board approval, which Ms. Haley accepted. It is my recommendation that Marion County settle this auto liability claim in the amount of $135,000 inclusive of attorney fees and cost(s) to be paid from the Auto Liability Self-Insurance fund.
BUDGET/IMPACT:
Neutral; $135,000.00 from Self-Insurance Fund
RECOMMENDED ACTION:
Recommended action
Motion to Adopt Resolution Approving Settlement in the Civil Action case, Carmen Haley v. Marion County Board of County Commissioners for $135,000.00 to be paid for by the County’s Auto Liability Self-Insurance Fund.
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