Leslie McGuirk claims she was out for a walk when a car came barreling down Seagrape Drive in Oceanaire Heights at negligent speeds.
As the acclaimed children’s book author and astrologist rushed to get out of the way, she tripped on a crumbling piece of pavement and fell, according to court documents.
The March 2017 incident left McGuirk seriously injured and unable to work, her lawyers say. The driver who almost hit her was uninsured. So, she enlisted the help of Tuttle Law and sued the county.
The municipality failed to maintain the roadway and left no warnings that conditions might be dangerous or hazardous, attorney Douglas Tuttle wrote in the October 2017 lawsuit.
The lawyer, who filed the complaint in the 19th Judicial Circuit Civil Court, claimed an excess of $15,000 in damages, but the suit against the county was dropped this month after McGuirk received a $5,000 settlement.
McGuirk’s claim is one of hundreds the county has had to weigh in recent years. Sometimes, county staff are responding to two to three citizen complaints a week, said Beth Martin, Risk Manager for Indian River County.
The county hires Johns Eastern Company, a third-party claims administrator, for $206,000 annually to review and adjust workers’ compensation, liability and auto negligence claims, she said.
Johns Eastern has handled 232 liability claims for the county since October 2015. “Those are in addition to the complaints that can be resolved by our staff,” Martin said.
“The good news is that we rarely go to trial for a claim,” she added.
Only once in nearly two decades has there been a jury verdict against the county, Martin continued.
Trials only happen every three to five years.
Indian River County has a self-insurance fund which requires payment only when the county is found legally liable, Martin said. It also holds commercial insurance, but that policy is rarely needed.
Sovereign immunity rules put limits on liability payouts to $200,000 per person or $300,000 per occurrence.
“The County thoroughly reviews claims for legal responsibility and analyzes all claims with an eye toward a fiscally responsible resolution,” said County Attorney Dylan Reingold. “The County does not entertain claims for which the County has no responsibility. “
McGuirk is now suing her own insurance carrier, Amica Mutual Insurance, to cover her losses not covered by the county settlement.
Court filings claim McGuirk’s policy offered coverage for accidents with uninsured motorists, though the company is disputing its role.
Tuttle declined to comment on the pending litigation and McGuirk did not respond to a request for comment.
