Agenda 02/13/2018 Item #16K702/13/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Teresa E. Monty v. Collier County Board of County
Commissioners (Case No. 16-CA-002155), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for $112,500.
______________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Teresa E. Monty for
the total sum of $112,500 and authorize the Chair to execute the Settlement Agreement and Mutual
Release.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred to Plaintiff Teresa Monty on
April 5, 2015 at the 951, Collier County boat ramp. Plaintiff was boarding her friend’s boat from the
dock area, when she put her hand on a concrete piling and boat bumper area, to stabilize herself as she
stepped down into the boat. As she stepped down, a ring she was wearing on her right, pinky finger
became lodged on a raised and exposed nail head. As her right pinky finger was lodged under the nail
head, she stepped fully down with her body weight into the boat and felt immediate pain in her right hand.
She looked at her hand and half of her right, pinky finger had been amputated, due to the ring being
lodged under the nail head. Two witnesses testified at deposition that they observed the appendage and
ring attached to the nail, with several inches of tendons also attached, as they looked to see what had
caused the Plaintiff’s injury at the scene. It was later discovered, that the nail had previously secured a
cover for the bumper, and the cover had been removed prior to the incident, leaving the raised nail on the
top of the bumper.
Plaintiff was transported, via ambulance, to the emergency room and underwent wound closure. She later
underwent several months of physical therapy and a ray resection surgery, to remove the remaining pinky
bone, a few months after the initial injury. Plaintiff has received ongoing treatment for complaints of
phantom pain and permanent nerve damage due to the amputation. She is teacher and is right handed,
dominant.
The County commenced discovery, conducted depositions and participated in Court-ordered mediation.
A tentative settlement was reached for $112,500 to resolve the lawsuit, including Plaintiff being
responsible to satisfy 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 experts in several disciplines.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty Insurance fund
and the total impact will be $112,500.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for approval. - KLN
RECOMMENDATION: For the Board of County Commissioners to accept the tentative settlement in
the lawsuit styled Teresa E. Monty v. Collier County Board of County Commissioners (Case No. 16-CA-
002155), 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.
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02/13/2018
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Monty Settlement Agreement - attorney signed (PDF)
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02/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 4783
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Teresa E. Monty v. Collier County Board of County
Commissioners (Case No. 16-CA-002155), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for $112,500.
Meeting Date: 02/13/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
02/05/2018 4:47 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/05/2018 4:47 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 02/05/2018 4:51 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/07/2018 8:32 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/07/2018 8:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/07/2018 8:59 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 02/07/2018 9:27 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/07/2018 10:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
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Packet Pg. 1608 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)
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Packet Pg. 1609 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)
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Packet Pg. 1610 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)
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Packet Pg. 1611 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)
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Packet Pg. 1612 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)