A law caps how much a wronged party can get from state and local governments.
For months, the sad and disturbing story of Loretta Pickard, the 76-year-old woman who died in a house fire in Polk County late last year.
Pickard was on the phone with dispatchers who assured her help was on the way. But that rescue never happened.
“Tell them to hurry!” Pickard can be heard telling a 911 dispatcher once she learned firefighters were on scene. Sadly, Loretta died in her home and her rescuers never came for her, even after spending 20 minutes on the phone with 911.
Fire officials told the media that Capt. James Williams was suspended for one day, for recording video of the fire, and then sharing it on Snapchat. County officials admitted that Loretta may have still been alive in the burning home at the time.
Fire Chief Tony Stravino has publicly defended Capt. Williams’ actions that night, telling 8 On Your Side that saying the crew attempted to enter the home but it was too hot.
The media uncovered recordings that contradict their accounts of what happened.
Dispatchers repeatedly told Williams that someone was inside, yet radio transmissions from Williams that night appeared to show that he was confused if anyone was even inside.
His first reported actions at the scene were a “defensive attack” which means in firefighter terms, they’re going to fight the fire from the outside. Minutes later, Williams called over the radio for backup and cited a policy that two firefighters must be outside before two can go in.
Chief Stravino admitted that policy does not apply in a life or death situation, and said that it was from a “lack of knowledge on his part.”
Now, Polk County commissioners will likely offer a $200,000 settlement to Pickard’s family, an amount county staff recommended commissioners approve when the panel met for a workshop Friday.
“This was one of their citizens that they were obviously sworn to protect. And they didn’t,” said lawyer A.J. Alvarez.
Alvarez says $200,000 is the maximum any government agency is liable for under Florida law. The fact Polk is offering it to the family with no trial or argument sends a message, he says.
“It tells me that they understand that they are wrong,” said Alvarez. “And that they want to rectify the situation instead of an ongoing process.”
Pickard’s niece, Amber Addison, who has been the family’s most vocal critic, says they been advised not to comment during the settlement process.
Polk County Attorney Michael Craig also declined to elaborate.
Residents of Polk County, who’ve been following the sad story, had mixed feelings about the settlement offer.
“It’s always hard,” said Kendal Sherrous, who doesn’t live far from where Pickard died. “How do you place value on a life? So, I don’t know that I could say an amount is enough.”
Polk resident Alexis Pappas said she doesn’t think taxpayers should have to pay.
“I think what happened with her family was a complete tragedy. But I don’t think a settlement is a way to go. Policy change is the best way to go,” said Pappas.
Federal law protects state and local governments from liability under a legal concept called sovereign immunity.
Still, most states, including Florida, have passed laws to give something in cases where a party has clearly been wronged. In Florida, that number is $200,000.
Plaintiffs can try to get more, but it’s an often lengthy and expensive uphill battle.
Alvarez says an award exceeding the $200,000 cap would first entail winning a larger judgment in court.
At that point, the party would have to get a state lawmaker to introduce what’s called a claim bill for an exception to the $200,000 cap.
They would likely need to hire a lobbyist, he says, to persuade enough of the Legislature to agree the case warrants a legal exception.
Then, if the bill is passed, the governor must sign it into law.
“And so, actually getting paid is – I would call it – uncommon,” said Alvarez.
Polk commissioners will meet to vote on the proposed settlement offer at their next regularly scheduled board meeting Tuesday. If Pickard’s family agrees to the settlement, Alvarez says they would likely have to waive their right to any further claims in the future.