Agenda Plus
School Board of Clay County
September 6, 2018 - Regular Meeting - Public Hearing on the Budget
Title
C2 - Consideration of proposed settlement of all claims against the School Board by Plaintiff in Asencio v. Clay County School Board, et al., Fourth Judicial Circuit in and for Clay County, Florida, Case No. 2016-CA-00078
Description

Plaintiff sued the School Board of Clay County and nine other parties in 2016 (“Action”). The Action arose from a  tragic 2015 vehicular accident whereby a pedestrian student was struck and killed by the driver of a private vehicle as the student was walking toward a school bus stop. Plaintiff seeks monetary damages up to (and actually in excess of) the $300,000 statutory cap under section 768.28, Fla. Stat., for the loss of life, pain, and suffering, and likewise demands payment of associated attorney’s fees and costs. In August 2018, Plaintiff's counsel represented that Plaintiff's claims against the School Board can be settled and released in exchange for its payment of $25,000. This sum is substantially lower than the anticipated cost of defense through trial, and certainly through any associated appeal.

Gap Analysis
Previous Outcomes
Expected Outcomes
Strategic Plan Goal
Recommendation

The School Board Attorney and outside counsel recommend approval of the proposed settlement in exchange for Plaintiff's execution of a settlement and release agreement substantially similar to the document attached hereto as Exhibit A.

Contact
Carol Studdard, School Board Chair, David J. D'Agata, School Board Attorney
Financial Impact
$25,000.00
Review Comments
Attachments
Settlement and Release Agreement Asencio.pdf