The above-referenced Litigation arose from a 2014 vehicular accident whereby Plaintiff was the driver of a private automobile which was struck by a school bus belonging to Clay County District Schools (“District”) and operated by the former District employee (“Accident”).  Plaintiff sued the School Board and employee in October 2016, claiming, in part, that the Accident caused personal injuries which led to spinal surgery for which he was charged $588,335. Plaintiff’s insurer contributed approximately $310,300 toward this surgical bill. Plaintiff seeks monetary damages up to (at least) the statutory monetary caps established under section 768.28, Fla. Stat., and likewise demands payment of associated attorney’s fees and costs. In November 2018, Plaintiff’s counsel represented that all of the claims asserted in the Litigation can be settled and released in exchange for its payment of $175,000. In turn, the School Board’s counsel and District staff have reached a verbal agreement whereby the District’s insurer, Britt, will reimburse the School Board $100,000 of the total sum.  The remaining amount ($75,000) is likely lower than the ultimate cost of defense through trial (which could include the District’s engagement of causation and medical cost experts).

The School Board Attorney and outside counsel recommend approval of the proposed settlement in exchange for Plaintiff’s execution of a settlement and release document substantially similar to the document attached hereto as Exhibit A.  However, such approval should be premised upon Britt’s reimbursement of $100,000 to the District in return for the full release of all coverage, indemnification, contribution, and any other claims against Britt which arise from or relate to the Litigation or the Accident (“Release of Insurer Agreement”). To that end, the School Board should authorize the Superintendent to negotiate and develop with Britt (by and through the School Board Attorney and/or its outside counsel) such Release of Insurer Agreement, the final version of which the School Board Chair is authorized to execute on behalf of the Board.