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 attorneys’ fees, in the case titled Brian Mastrodomenico Gomez vs. Broward County, 17th Judicial Circuit Court Case No. CACE24-009510 (21).
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
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Previous Action Taken
Summary Explanation/Background
The Plaintiff, Brian Mastrodomenico Gomez, filed a lawsuit alleging that on December 6, 2023, he was operating a motorcycle eastbound on West Hillsboro Boulevard in Deerfield Beach when a Broward County Transit bus made a left turn directly in front of his path of travel, causing a collision within the intersection of NW 3rd Avenue. As a result of the collision, the Plaintiff suffered traumatic injuries.
The Plaintiff has agreed to release Broward County from all individual claims arising from the incident in exchange for $150,000.00, inclusive of costs and attorneys’ fees, subject to Board approval. The current sovereign immunity damages cap for this matter is $200,000.00 ($300,000.00 when combined with other claims). Stephania Mena, a passenger on the motorcycle, has a proposed settlement that will be considered by the Board in a separate agenda item at the August 21, 2025, Board meeting.
The Risk Management Division and the Transit Division recommend approval of this settlement.
Source of Additional Information
Robert D. Yates, Senior 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.