Agenda 10/25/2016 Item #16K 9 16.x.9
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Mayra Moya v. Collier County (Case No. 15-CA-000590), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for$40,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Mayra Moya for the
total sum of$40,000 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of an electrical shock that occurred to Plaintiff Moya on
July 3, 2014 at the Immokalee Community Park. Plaintiff alleges that she was participating in an exercise
group when she put her hand on the ground and inadvertently brushed against a small, exposed electrical
wire. The exposed wire was carrying 280v of electricity and was sticking out of the side of a covered
utility box. As a result of the shock, Plaintiff suffered a burn to her finger and was transported by
ambulance from the scene. While en route to the hospital,responding EMT personnel requested a trauma
alert due to the neurological assessment revealing a severe deficit to her left side, including left leg
paralysis. Plaintiff was air lifted to Lee Memorial Hospital, where she was admitted, and underwent
extensive medical testing. She was discharged two days after the incident upon recovering full movement
and range of motion. Plaintiff subsequently received approximately five months of chiropractic treatment
and physical therapy and alleges residual pain in her neck,back,pinky finger and ongoing headaches as a
result of the electrical shock. Her medical bills total approximately$85,473.13.
The County commenced discovery, conducted depositions and engaged in settlement negotiations. A
tentative settlement was reached for $40,000.00 to resolve the lawsuit, including Plaintiff being
responsible to satisfy 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 and the cost of defense,to include retaining a neurologist for a record review and to
conduct an independent medical examination.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property& Casualty Insurance fund
and the total impact will be$40,000.
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 Mayra Moya v. Collier County (Case No. 15-CA-000590), 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 and Mutual Release.
Prepared by: Kevin L.Noell,Assistant County Attorney
Jeffrey A. Klatzkow,County Attorney
ATTACHMENT(S)
1. Settlement Agreement 102516 (PDF)
Packet Pg: 1966
16.K.9
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Mayra Moya v. Collier County (Case No. 15-CA-
000590), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida,for$40,000.
Meeting Date: 10/25/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
10/06/2016 2:33 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A.Klatzkow
10/06/2016 2:33 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 10/06/2016 2:44 PM
County Attorney's Office Kevin Noel! Level 2 Attorney Review Completed 10/06/2016 3:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/07/2016 10:57 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/07/2016 12:30 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/07/2016 1:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/19/2016 11:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1967
I6.K.9.a
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this Z2—day of A A , 2016, by and between MAYR4
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MOYA, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as the
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"County"), o
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WITNESSETII:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Mayra Maya v. Collier
County, Case No. 15-CA-000590 (hereinafter referred to as the "Lawsuit") and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
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fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
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way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
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WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that w
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it shall be binding upon both parties' respective owners, principals, elected officials, officers,
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employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors,
assigns,heirs and affiliates. o
NOW, THEREFORE, in consideration of the mutual covenants, promises and
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consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and Q
the County agree as follows:
a)
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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16.K9.a
consideration of the sum of Forty Thousand Dollars and 00/100 ($40,000.00) 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 g
have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or 6'
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indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the
Complaint in the Lawsuit. E.
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4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
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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
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terms and conditions of this Agreement. o
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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, c7")
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ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs,
and affiliates. in
6. Plaintiff and the County recognize and acknowledge that this Agreement CD
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camemorializes and states a settlement of disputed claims and nothing in this Agreement shall be
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16.K.9.a
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.
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7. Plaintiff and the County acknowledge and agree that this Agreement is the
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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 o
ambiguous provision or language or that the party was intended to be benefited by the
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ambiguous provision or language.
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8. This Agreement may be amended only by a written instrument specifically
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referring to this Agreement and executed with the same formalities as this Agreement.
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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
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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.
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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.
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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. o
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. Q
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this E
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Agreement and Release as set forth below. co
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'---. AS TO COUNTY:
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DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: By: o
Deputy Clerk DONNA FIALA, Chairman a
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Approved as to form and legality: c
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Kevin L. Noel1" °
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Assistant County Attorney ,;
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AS TO PLAINTIFF: c
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Mayra Moya¢ laintiff c
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STATE OF FLORIDA Cl)
COUNTY OF COLLIER M
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Sworn to (or affirmed) and subscribed before me this Z.,?-- day of - .,�t0}(,,�, t, 2016, by v
MAYRA MOYA, who is (L,..--)-personally known to me or ( ) p oduced J `O
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as identification. N
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(Signature of Notary Pu so c- State of Florida) E
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