HomeMy WebLinkAboutAgenda - 08-18-2009 - 4kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 18, 2009
Action Agenda
Item No.
SUBJECT: Report of Previously Approved Settlements
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): None INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To report to the Board on the outcomes of previously approved settlements of legal
actions or claims.
BACKGROUND:
In re: UNC Hospitals
This pre-litigation case involved a claim by UNC Hospitals related to the medical care of a jail
detainee. G.S. §153A-224 and §153A-225 require confinement facilities to pay for the cost of
emergency medical care for detainees and prisoners. While confined in the Orange County Jail
an inmate made claims of injuries that apparently satisfied the emergency medical care
requirement. The inmate was transported to UNC Hospitals for treatment and received
treatment that UNC Hospitals valued at $3,553.67. Statutorily the Orange County Sheriff is
responsible for these costs.
After negotiation with UNC Hospitals' Attorney Jacqueline Perez, a settlement agreement was
reached for a total amount of $2,842.94.
Billings and Garrett. Inc. vs. Orange County
This case involved a civil action filed against Orange County by Billings and Garrett (the
Contractor), a company that was to construct a sanitary sewer line, the Orange County Sewer
Outfall at Lake Hogan Farm Road, for the County. The Contractor constructed the sewer line
but failed to construct it in a manner whereby it could be connected to the building for actual
use. The Contractor claimed the County owed just over $26,000 for the work completed.
After negotiation with the Contractor's attorney, Jay Wilkerson, a settlement agreement was
reached for a total amount of $21,000. The difference in the amount claimed by the Contractor
and the settlement amount will more than pay for work needed to make the sewer line usable.
In re: The Claims of Paul Herbert
This pre-litigation case arose out of the Orange County Sheriff's Officers removing a temporary
encampment occupied by several homeless individuals in 2007.
After former County Attorney Geof Gledhill's negotiation with Mr. Herbert, a settlement
agreement was reached involving the payment of $500 to Mr. Herbert and the adoption by the
Orange County Sheriff of a policy for implementing homeless encampment cleanups.
FINANCIAL IMPACT: $3,342.94 ($21,000 of the settlement amount was owed for work actually
performed)
RECOMMENDATION(S): The County Attorney recommends that the Board accept this report
of previously approved legal settlements.