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Special Meeting/Workshop - No Division Assigned

Title: Settlment re: Felicia Vickers v. David Samore

Recommendation:
I hereby recommend that the Board approve the proposed settlement in the Circuit Court Case of Felicia Vickers, individually and as a parent and natural guardian of C.B., a minor vs. David Samore, individually in the full amount of $15,000.00 with Dr. Samore’s insurance company, AIG, paying $7500 of the total amount and the School Board of Palm Beach County, Florida paying $7500.00 of the total amount and that the Board authorize all necessary releases and pleadings be signed.

Description:

  • This matter arises out of an incident that occurred on October 23, 2003, when Dr. David Samore, the principal at Okeeheelee Middle School, was questioning C.B. a student there, relative to the possession of a gun, and during said questioning; Dr. Samore allegedly pulled out a toy gun, and placed it against C.B.’s neck.
  • David Samore was suspended without pay in January, 2004 for a total of ten days, as a result of the incident.  
  • A lawsuit was filed on behalf of C.B. by his Mother.  The School Board authorized Attorney Scott Richardson to represent Dr. Samore and agreed to pay attorney’s fees up to $25,000. 
  • The Matter is presently scheduled on the docket in front of Judge Jonathon Gerber in late May. Little discovery has been done to date and the additional discovery and trial would probably use up the remaining attorney’s fees in the original $25,000 authorized. 
  • Plaintiff  has agreed to settle this matter for a total payment of  $15,000. Dr. Samore has a policy covering him as a principal with AIG, which provides professional coverage through one of the organizations that he belongs to. That insurance company has agreed to pay $7,500 of the total amount and it is recommended that the School Board pay the other $7,500.00 of the total amount. 
  • This would resolve all liability issues and related issues arising from this incident.

Financial Impact:
The financial impact is $7,500 from the general fund.

For Additional Information, contact:

Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Steven A. Stinson, Esq.

Attachments (list):
Vickers Samore Settlement April 12, 06.pdf
Q&AVickers.doc

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