Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE settlement, including costs and attorney’s fees, in the case of Kerry McNamara vs. Broward County, 17th Judicial Circuit Court Case No. CACE 18-026094 (03).
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settles pending litigation.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On May 19, 2015, Plaintiff Kerry McNamara was involved in an incident at the old Broward County Courthouse. The Plaintiff filed a negligence action against the County alleging the incident caused him serious injuries. The Plaintiff has undergone medical and dental treatment subsequent to the incident, including surgery. His medical and dental expenses, to date, are $23,921.00.
The Plaintiff has agreed to release Broward County from all claims arising from the incident in exchange for $69,500.00, which includes costs and attorney’s fees, subject to Board approval.
The Risk Management Division and Facilities Management 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