The city of Clearwater, Florida, has been ordered to pay the statutory maximum – $200,000 – to a bicyclist struck by a city van at a roundabout.
Facts & Allegations
Robert Mills alleged that as he was bicycling on Causeway Boulevard near Clearwater Beach, Florida, he entered a roundabout and his bike was hit by a city of Clearwater van.
Mr. Mills sued the city, alleging that the van driver had been negligent.
Florida law capped Mr. Mills' potential damages from the city at $200,000, and he amended his complaint to include Metropolitan Casualty Insurance Company ("MetLife"), with which he had an underinsured motorist policy.
Mr. Mills settled with MetLife for $35,000 during pre-trial mediation.
Result
The jury determined that the city was 67 percent liable for the accident and that Mr. Mills was 33 percent liable. The jury awarded Mr. Mills $362,405.19, which was reduced to $242,811.48, to reflect apportionment of liability. Pursuant to the damages cap in Florida law, he received $200,000. When added to the $35,000 settlement with MetLife, Mr. Mills' total recovery was $235,000.
The case is Mills v. City of Clearwater, No. 15-006233-CI (Fla. Pinellas Cty. Cir.Ct. Dec. 18, 2017). Attorneys involved include: Brian C. Harrington; Brian C. Harrington LLC; St. Petersburg, FL, for Robert Mills; Paul R. Hull; Assistant City Attorney; Clearwater, FL, for City of Clearwater; Jeffrey M. Katz; Dalan, Katz & Siegel, P.L.; Clearwater, FL, for Metropolitan Casualty Insurance Co.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel and by defense counsel for the city of Clearwater. Counsel for Metropolitan Casualty Insurance Company declined to comment. Additional information was gleaned from court documents.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
Take the guesswork out of your claims settlements.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].