C021296CLOSED SESSION MINUTES
February 12, 1996 (Item L)
At 4:10 p.m. the Board went into closed session to consult with attorneys
to consider and give instructions concerning a judicial action titled Donna
Turner V. Randolph County, et al, pursuant to NCGS 5143-318.11(a)(3).
Commissioners Kemp, Frye, Comer, Davis, and Holmes were present. Also present
were Frank Willis, County Manager; Alice Dawson, Clerk to the Board; Alan Pugh,
County Attorney; Hal Scott, Jr., Personnel Director; David Parker of Sedgwick
lames, the administrators for the NCACC Insurance Pool; and Robert Pierce,
attorney with Womble, Carlyle, Sandridge, and Rice, the firm representing the
County in this lawsuit through the NCACC Insurance Pool.
Mr. Pierce announced that at mediation last week, all parties agreed to
resolve the case with a settlement of $250,000, inclusive of all attorney fees.
There are some non -monetary components to the settlement still to be worked
out.
Mr. Parker stated that he had calculated that it would cost a minimum of
$200,000 to take this case to trial, and it would probably be more. That figure
is just for litigation and does not include the cost to the County for having
our employees tied up in court for 2-4 weeks. Mr. Parker pointed out that when
the settlement amount is comparable to litigation cost, there is nothing to be
gained by the insurance carrier, from a monetary standpoint, by taking the case
to trial. Further, although the County had a strong case, and a winnable case,
the financial result would be the same with a successful outcome.
Mr. Pierce stated that when this case is finally settled, it will become a
public record and should be entered into the Commissioners' minutes.
The Board authorized Alan Pugh, County Attorney, to speak on behalf of the
County after the settlement.
Closed session ended at 5:00 p.m. and the Board went back into regular
session.
Phil Kemp, Chairman
Martha Comer
Robert Davis
Darrell L. Frye
Harold Holmes
Alice D. Dawson, Clerk to the Board