At a March 5 meeting, the Gainesville City Commission approved a settlement in a personal injury case involving an alleged car accident with a Gainesville Police Department officer. To settle the claim and not advance to trial, the City of Gainesville agreed to pay the plaintiff $80,000 funded by the city’s General Insurance Fund.
According to the initial court filing, the alleged accident occurred on June 17, 2023. The plaintiff, Maria Gonzales, claimed that Gainesville police officer Frederid Tirado was driving on SW Archer Road when he hit her car. Her attorneys claimed the officer was at fault and was driving carelessly.
Gonzales received medical treatment after the accident, including MRI studies. Gonzales’ attorneys claimed the MRI revealed damage to her spine. As part of her treatment, Gonzales also received chiropractic care and radiofrequency ablation. Radiofrequency ablation is a form of care often used for pain management.
The case was settled in negotiations during court-ordered mediation between the City of Gainesville and Gonzales’ attorneys. It is common for personal injury cases to be settled out of court, said Austin Claiborne, one of Gonzales’ attorneys.
The City Attorney’s office and the city Risk Management Department recommended settling the claim, as there would be a risk of greater liability if the case went to trial. If the case went to trial, a jury would likely be able to consider the cost of Gonzales’ past and future medical expenses, according to the City Commission meeting agenda.
Cases involving city governments are less likely to make it to trial than other personal injury cases, according to Claiborne. Governments are often protected by caps on the amount of damages that they can face. The city of Gainesville has a $200,000 liability limit, which is outlined in Section 768.28 of the Florida Statutes.
Officer Tirado was also the subject of a different Gainesville Police Department internal affairs investigation related to a driving offense. According to the investigation report, Tirado caused a preventable crash in December of 2022 while responding to a call. Tirado also faced a similar violation in July of 2022. As a result of the two incidents, Tirado lost his take-home car for two weeks and had to attend remedial driving training. He also received a 40-hour suspension.
The City Commission voted unanimously to approve the settlement as a part of the meeting’s consent agenda.
Gonzales and her attorneys were happy to reach an agreement with the City of Gainesville, said Claiborne.
“We hope the result is a safer place to drive for everyone,” said Claiborne.