Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO APPROVE settlement, including costs and attorney’s fees, in the case of Winton Ward vs. Broward County, 17th Judicial Circuit Court Case No. CACE20-010965 (02).
body
Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On July 20, 2019, Plaintiff Winton Ward was riding his bicycle on the sidewalk towards a bus stop located on Broward Boulevard and NW 11th Avenue in Fort Lauderdale. As the Plaintiff approached the bus stop, a Broward County bus arrived, and the bus operator started lowering the wheelchair ramp to load a disabled passenger in a wheelchair. The Plaintiff alleges the ramp struck his head and right shoulder, knocking him off his bicycle. The Plaintiff filed a negligence action against the County alleging the incident caused him serious injuries. The Plaintiff has undergone substantial medical treatment after the incident, including three surgeries. His medical expenses, to date, are $321,091.52.
The Plaintiff has agreed to release Broward County from all claims arising from the incident in exchange for $125,000.00, which includes costs and attorney’s fees, subject to Board approval.
The Risk Management Division and Transit Division recommend approval of this settlement.
Source of Additional Information
Robert D. Yates, Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The source of funds is the County’s general liability self-insurance fund. Agencies of the County pay annual premiums into the fund based upon the number of their employees and five-year claims history.