Lake Worth settles another lawsuit

There are so many people who don't take responsibility for their own problems or accidents.  Many suits are justified; many are not. We are clueless about this one but we are a litigious society.

In Florida, the state follows what is known as a “pure comparative fault” system, in which your level of negligence is not a bar to recovery for your injuries even if you were mostly at fault for them. In other words, if the jury found that you were 80 percent at fault for the accident, then you would still be able to recover 20 percent of your damages from the other party. [Dolman Law Group]

This settlement with this woman never got to trial and the city gave us zero details. I would guess that the insurance company wanted to get it closed as it's been going on since 2015. The City filed a Motion to Dismiss on 6-15-16. We spend a lot of money on legal fees that perhaps should be settled way before they are.

Approval of settlement with Plaintiff, Virginia Giambrone for $40,500.00, (inclusive of attorney fees) which means she will end up with a whole lot less (She hired a personal injury specialist). Only lawyers make out in lawsuits.

SUMMARY:
The Approval will settle a claim with Ms. Giambrone for injuries she sustained in March 2015. If approved, the claimant will execute a general release in favor of the City.

BACKGROUND AND JUSTIFICATION:
Plaintiff, Virginia Giambrone, filed a Complaint against the City of Lake Worth for damages she incurred.

Specifically, Plaintiff alleges that on March 22, 2015, she was invitee on the premises located at 10 South Ocean Boulevard in Lake Worth, Florida. She was sitting on a City of Lake Worth bench at the Lake Worth Pier at or near Benny’s on the Beach, and when she stood up to walk towards the side walk, she tripped and fell on the “wing” (what in the hell is the "wing?"--must be the part that sticks out from the base, you know, a normal bench) of the bench. Plaintiff alleges the City’s negligence and claims she suffered bodily injury and resulting in pain and suffering, disability, disfigurement, mental anguish, medical care and treatment in the past and future.

As a result of Plaintiff’s fall, Plaintiff suffered a fracture of the right humeral head and neck, and neck and back pain. She had to have surgery and underwent a year of physical therapy. To date, Plaintiff’s medical bills total approximately $47,000. Based upon the potential liability, the injuries sustained, and the medical bills incurred, staff recommends approval of settlement for $40,500.00.

The settlement is contingent upon City Commission approval.