Agenda 05/24/2016 Item #16K 3 5/24/2016 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement in the lawsuit styled Tracy Fuller v. Collier County (Case No. 15-CA-000515),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Tracy Fuller
for the total sum of$9,500 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a trip and fall incident that occurred on
November 15, 2013. Plaintiff Tracy Fuller was walking on a County maintained walkway at
Vineyards Community Park when she tripped and fell on a piece of broken asphalt. Plaintiff
sustained a non-surgical, fracture to the right wrist of her dominant hand as a result of the fall.
She wore a cast for several months and also received physical therapy during her recovery
period. Plaintiff's medical bills total $10,351.57.
The Parties attended Mediation on May 11, 2016. A tentative settlement was reached for $9,500
to resolve the lawsuit, including any and all outstanding liens and medical expenses. It is the
County Attorney and Risk Management Department's position that this settlement is reasonable
given the County's exposure for the accident itself, the type of injuries and amount of medical
expenses incurred.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty
Insurance fund and the total impact will be $9,500.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval.—KLN
RECOMMENDATION: For the Board of County Commissioners to accept the tentative
settlement in the lawsuit styled Tracy Fuller v. Collier County (Case No. 15-CA-000515), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida
and authorize the Chair to execute the Settlement Agreement.
PREPARED BY: Kevin L.Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Tracy Fuller v. Collier County(Case No. 15-CA-
000515), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida.
Meeting Date: 5/24/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,CAO Office Administration
5/12/2016 3:55:49 PM
Submitted by
Title:Assistant County Attorney,CAO General Services
Name:NoellKevin
5/12/2016 3:55:51 PM
Approved By
Name: WalkerJeff
Title:Division Director-Risk Management,Risk Management
Date: 5/12/2016 4:49:51 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 5/13/2016 8:10:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/13/2016 2:54:28 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/13/2016 4:42:26 PM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/15/2016 11:07:03 PM
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this I day of Mau , 2016, by and between TRACY
FULLER, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as
the"County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Tracy Fuller v. Collier
County, Case No. 15-CA-000515 (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors,
assigns,heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and
the County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses",by reference into this Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in
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consideration of the sum of Nine Thousand Five Hundred Dollars and 00/100 ($9,500.00) and
other valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff,Plaintiff agrees to dismiss the Lawsuit with Prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of
herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's
fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could
have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or
indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the
Complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiff and the County agree that either of them (as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the
terms and conditions of this Agreement.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, officials, officers, employees,
ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs,
and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
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construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure,on the part of either Plaintiff or the County.
7. Plaintiff and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this regard,
Plaintiff and the County further agree that the sole venue for any such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement shall be governed by the laws of the State of Florida.
11. Plaintiff shall be solely responsible for payment and satisfaction of any liens,
medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
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AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Kevin L.Noell
Assistant County Attorney
AS TO PLAINTIFF:
By
Tracy F lei ' .intiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this ( 2- d'y of WA)L.: 2016, by
whois personallyknown to me orproduced
TRACY FULLER, ( )
as identification.
atrAL4) Vejtj
; ;; ; uy (Signature of Notary Public- State
j of Florida)
.: •, :r MY COMMISSION/FF 937248M1(CI'i
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4• '�� EXPIRES:March 15,2020 lA �,
_$;(�.' Bonded Thiu Nobly PubRe Un�rel0en
(Print, Type, or Stamp
Commissioned Name of Notary Public)
Commissioner Expires (3/0/.1-b
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