This pre-suit matter arises from a 2015 incident whereby former Clay County District Schools (“District”) student, Eric Miller, allegedly fell from a ladder at school and during school hours, purportedly resulting in brain and other physical and mental injury. Statutory notice of claim (a prerequisite to litigation against the School Board) was provided in early 2017 pursuant to Section 768.28. Mr. Miller’s attorney, Mr. David Dunlap, Esq., subsequently presented the District with a draft state court complaint (attached hereto as Exhibit A), which asserts monetary damages at least up to the statutory cap of $300,000, plus costs, expenses, and attorney’s fees. Extensive negotiations have resulted in the proposed $80,000 settlement.  This figure is substantially less than the estimated cost of defense and the anticipated financial exposure to the District.

The School Board Chair and School Board Attorney recommend approval and execution of a settlement and release substantially in the form of that attached hereto as Exhibit B.