SUBJECT:
Title
Request Acceptance of Plaintiff’s Offer of Settlement and Corresponding Resolution in the Civil Action, Mark Fielding v. Marion County BOCC & Geico, Case No. 2020-CA-1950
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INITIATOR: DEPARTMENT:
Matthew G. Minter, County Attorney County Attorney
DESCRIPTION/BACKGROUND:
The claimant, Mark Fielding, is a 75-year-old male. On November 7, 2018, Mr. Fielding was the driver of a 2014 Ford Expedition which was rear-ended by a County owned 2012 GMC 2500 operated by David Capel (Animal Services). Mr. Capel was traveling on SE 80th Street near the intersection of SR 441 when he glanced at his computer. Unfortunately, traffic had slowed and Mr. Capel's vehicle impacted the rear of Mr. Fielding's vehicle.
Mr. Fielding underwent treatment and complained of pain and discomfort in his left shoulder, neck and back as a result of the accident. Significantly, Mr. Fielding received numerous cervical and lumbar epidural injections and underwent a lumbar surgery (laminectomy), generating medical expenses in excess of $114,000. If this case were to proceed with a jury trial, Marion County faces exposure for Mr. Fielding'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 Mr. Fielding's claims that his quality of life has been compromised due to this accident.
The claimant is represented by Morgan & Morgan. The Claimant's original demand was for our maximum sovereign limits of $200,000. On March 5, 2024, mediation was held, which resulted in an impasse. It is my recommendation that Marion County settle this auto liability claim in the amount of $175,000 inclusive of attorney fees and cost(s) to be paid from the Auto Liability insurance fund.
BUDGET/IMPACT:
$175,000.00 from Self-Insurance Fund
RECOMMENDED ACTION:
Recommended action
Motion to Approve and Accept Plaintiff’s Offer of Settlement for $175,000.00 and Execution of Corresponding Resolution.
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