Agenda 03/28/2017 Item #16K1103/28/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and
Mutual Release in the amount of $10,000, in the lawsuit styled Philip P. Jimenez v. Collier County
(Case No. 16-CA-1014), now pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida. (Premise liability case involving a trip and fall injury, fiscal impact
$10,000)
OBJECTIVE: To approve a settlement in the amount of $10,000 in the lawsuit styled Philip P. Jimenez
v. Collier County (Case No. 16-CA-1014) and authorize the Chair to execute the Settlement Agreement
and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred on November 28, 2014.
Plaintiff, Philip P. Jimenez, alleges that he tripped and fell on a raised section of County maintained
sidewalk as he was jogging along the sidewalk parallel to Vineyards Blvd. As a result of the fall, Plaintiff
was diagnosed with a traumatic head injury, accompanied with sporadic dizziness and ongoing migraines,
a cervical sprain, and abrasions to his knees and elbows. Plaintiff underwent several months of treatment
for the migraines and cervical sprain. The medical bills incurred for his treatment, which would be
presented to the jury, total approximately $16,102.88. Plaintiff also alleges he was forced to resign from
his employment due to the migraines and brings a wage loss claim for approximately $6,000. After
conducting depositions and document discovery the County does have some limited exposure in this case.
The County would incur additional costs of approximately $25,000 through trial of the case. This cost
estimate encompasses costs for mediation, retaining a neurologist for a medical record review and
medical examination, depositions of Plaintiff’s medical providers, trial exhibit preparation and court
reporter costs.
On February 28, 2017, the County received an Offer of Settlement for $20,000 from Plaintiff’s counsel.
Prior to preparing a recommendation that the Board reject this offer, the County Attorney’s Office
conducted further negotiations to explore resolution with Plaintiff’s counsel. Through these negotiations,
a tentative settlement was reached for $10,000 to resolve the lawsuit, including all outstanding liens and
medical expenses being paid by the Plaintiff. 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 sustained, the amount of medical bills incurred, and costs through trial.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance fund
and the total impact will be $10,000.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - KLN
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute a Settlement Agreement in the lawsuit styled Philip P. Jimenez v. Collier County
(Case No. 16-CA-1014) for $10,000.
Prepared By: Jeff Walker, Director, Risk Management
Kevin L. Noell, Assistant County Attorney
03/28/2017
ATTACHMENT(S)
1. Offer of Settlement-Jimenez (PDF)
2. Settlement Agreement-Jimenez 32817 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 2934
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the amount of $10,000, in the lawsuit styled Philip P. Jimenez v.
Collier County (Case No. 16-CA-1014), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida. (Premise liability case involving a trip and fall injury, fiscal
impact $10,000)
Meeting Date: 03/28/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
03/21/2017 11:44 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/21/2017 11:44 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 03/21/2017 11:47 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 03/21/2017 11:58 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/21/2017 12:01 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/21/2017 12:03 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/21/2017 2:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/21/2017 3:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
IN THE CIRCUIT COURT FOR THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA
PHILIP P. JIMENEZ,
Plaintiff,
VS.
CASE NO: 2016 -CA -1014
COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF
FLORIDA,
Defendants.
PROPOSAL FOR SETTLEMENT
COME(S) NOW the Plaintiff, PHILIP P. JIMENEZ, by and through the undersigned
attorneys and pursuant to Section 768.79, Florida Statutes and Rule 1.442, Florida Rules of Civil
Procedure, and hereby proposes settlement in the above -styled cause as follows:
Section I - Parties Governed By This Proposal for Settlement
1. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(A) and Section 768.79(2)(b), Fla. Stat.,
Plaintiff, PHILIP P. JIMENEZ states this Proposal for Settlement is made by Plaintiff, PHILIP P.
JIMENEZ, and is directed to Defendant, COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA.
Section II - Claims the Proposal for Settlement Covers
2. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(B) and Section 768.79(2)(b), Fla. Stat.,
Plaintiff, PHILIP P. JIMENEZ states this Proposal for Settlement, if accepted, will settle all claims
in this action, and resolve all damages that would otherwise be awarded in a final judgment in this
action, including any amount for attorneys' fees, which are not part of the legal claim.
Section III - Total Amount of Proposal for Settlement
3. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(D) and Section 768.79(2)(d), Fla. Stat., the
total amount of this Proposal for Settlement to be paid is Twenty Thousand Dollars and NO/100
Dollars ($20,000.00).
Section IV - Relevant Conditions
4. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(C) and Section 768.79, Fla. Stat., Plaintiff,
PHILIP P. JIMENEZ states in the event this Proposal for Settlement is accepted, the Plaintiff,
PHILIP P. JIMENEZ, will dismiss with prejudice all claims by the Plaintiff, PHILIP P. JIMENEZ,
against the Defendant, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
'A] a a sit] 'J I
Section V — No Punitive Damages Apportionment
5. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(E) and Section 768.79(2)(c), Fla. Stat.,
Plaintiff, PHILIP P. JIMENEZ states there is no claim for punitive damages against Defendant at
this time. Therefore, no portion of this Proposal for Settlement is allocated for punitive damages.
Section VI - Attorney's Fees
6. Pursuant to Fla. R. Civ. P. 1.442(c)(2)(F) and Section 768.79, Fla. Stat., Plaintiff,
PHILIP P. JIMENEZ states attorney's fees are not a part of Plaintiff's legal claim against
Defendant. Accordingly, no portion of this Proposal for Settlement is separately allocated for
attorney's fees, and each parry is responsible for paying its own attorney's fees.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished,
by Email, this 28th day of February, 2017, to: Kevin L. Noell, Esquire, OFFICE OF THE
COUNTY ATTORNEY, kevinnoell@colliergov.net; mariancolli@colliergov.net;
nancybradley@colliergov.net, 3299 East Tamiami Trail #800, Naples, FL 34112-5749.
Is/ Alexander Billias
Alexander Billias, Esquire
FBN 329680
Morgan & Morgan
3360 Pine Ridge Road, Suite 203
Naples, Florida 34109
Telephone: (239) 433-6880
Facsimile: (239) 433-6836
Attorneys for Plaintiff
E -Mail: abservice@forthepeople.com
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on this _ day of
1rc-t 1, ^. h 2017, by and between PHH,IP P. JIMENEZ, (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 Philip P. Jimenez v. Collier
County, a political subdivision of the State of Florida, Case No. 16 -01014 -CA (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.
WHEREAS, the Plaintiff agrees and covenant to fully comply with all applicable
Medicare laws and liens specifically including 42 USC § 1395y.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally bound,
Plaintiff and the County agree as follows:
[I6-1014-CA/1327777/2]
I . Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Agreement and Release.
2. This settlement agreement and mutual release is contingent upon approval by the
Board of County Commissioners of Collier County, Florida.
3. 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
consideration of the sum of Ten Thousand Dollars and 00/100 ($10,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with Prejudice.
4. 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
himself, his 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 he 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.
5. Notwithstanding anything that may be to the contrary in Paragraph 4 of this
Agreement and Release, 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 and Release.
(16-1014-CA/l327777/2j 2
6. Plaintiff agrees and covenant to fully comply with all applicable Medicare laws
and liens specifically including 42 USC § 1395y.
7. - Plaintiff and the County acknowledge and agree that this Agreement and Release
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.
S. Plaintiff and the County recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release shall be 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.
9. Plaintiff and the County acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release 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.
10. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
11. In the event of an alleged breach of this Agreement and Release, Plaintiff and the
County agree that all underlying causes of action or claims of Plaintiff have been extinguished
by this Agreement and Release and that the sole remedy for breach of this Agreement and
Release 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
[16-1014-CA/1327777/2j 3
such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
12. This Agreement and Release shall be governed by the laws of the State of Florida.
13. Plaintiff agrees to reimburse Medicare and pay for any and all Medicare liens or
any other liens arising out of, or anyway connected to, injuries and/or damages suffered from the
incident described in the Lawsuit, out of the proceeds of the settlement monies.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality:
Kevin L. Noell
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSI(
OF COLLIER COUNTY, FLORIDA
By:
PENNY TAYLOR, Chairman
AS TO PLAINTIFF
h l' 1 I
By: I iwJv'•Q
PHILIP P. JIMENEZ, Plain
iL.
The foregoing instrument was acknowledged before me this day of
ILLJa.rc.t . 2017, by PHILIP P. JIMENEZ, who is (*FC) personally known tome or( )
produced as identification.
AA
SHARON ORZECH (Sign e of f Notary ftblic - State of Florida)
dF . Nmay DapRc - Sts Jul
MyCommEaDin6 JCommission • FF BDMM T6Mup6 Haana
[ 16 -1014 -CA/ 1327777/2]
' �i41 A Oruc,l
(Print, Type, or Stamp
Commissioned Name of Notary Public)
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