SUBJECT/RECOMMENDATION:
Title
Authorize stipulation at trial of Smith v. City of Clearwater, Case No. 12-009291-CI-021, for payment by City of an amount corresponding to its percentage of negligence as arrived at in the jury's verdict. (consent)
Body
SUMMARY:
This case arises from an incident that occurred on October 11, 2009 at the intersection of Mandalay Avenue and Rockaway Street, Clearwater, Florida. While crossing Rockaway St., Sheila Smith stepped off the curb over the storm-drain and suffered serious injuries to her ankle. Her injuries have required multiple surgeries.
Authorization is sought to enter into a stipulation whereby the parties agree that, following a trial on liability, the City would pay to plaintiff a percentage of $100,000 that corresponds to the amount of negligence, if any, that the jury apportions to the City. For example, if the jury apportions negligence to the City in the amount of 80%, the City would pay $80,000. If the jury apportions negligence to the City in the amount of 20%, the City would pay $20,000. The plaintiff has agreed to this stipulation.
APPROPRIATION CODE AND AMOUNT:
Not to exceed $100,000.00 0-590-07000-545900-519-000-0000