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Lawyer: Quadriplegic Wants Informal Settlement From Gee

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: February 19, 2008

TAMPA -- A quadriplegic dumped from a wheelchair while being booked at Orient Road Jail does not expect to sue the sheriff's office, his attorney said.

Instead, attorney John Trevena expects to ask Hillsborough County Sheriff David Gee for a "roundtable" discussion where they can reach a settlement.

"I'm thinking litigation is not going to be necessary," Trevena said. "I would probably just call him up and say let's have a conference with you and your legal counsel. Court can be costly for the sheriff's office."

Gee, Trevena said, has been contrite since video of the wheelchair incident surfaced last week.

On Jan. 29, a video camera recorded Detention Deputy Charlette Marshall-Jones raising the back of a wheelchair and sending Brian Sterner to the floor. Sterner, 32, of Riverview, had been taken to the jail on a warrant stemming from a traffic violation.

Marshall-Jones, 44, submitted her resignation Friday and turned herself in at the jail on Saturday morning. Deputies arrested her on a charge of abuse of a disabled person, records show. She posted $3,500 bail and was released.

Trevena said it is premature to talk about Sterner's damages in dollar figures but did say he expects he can avoid some legal hurdles by negotiating outside court.

Government agencies are liable for a maximum $100,000 per person for negligence when employees are working within their professional capacity. If a jury were to award a plaintiff more than that, the government agency would pay the $100,000 and the plaintiff would have to petition the Legislature for the remainder.

Trevena said, in a negotiated settlement, the sheriff's office would be able to pay more than the cap without the Legislature's help. He said Sterner's damages are "clearly" more than $100,000.

Trevena also said he spoke to one of the sheriff's attorneys today who told him the sheriff's office would pay for a complete medical evaluation of Sterner. The exam would include a bone scan and other procedures to determine whether Sterner was injured in ways he does not realize.

"I am very impressed by that," Trevena said.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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