Agenda 10/13/2015 Item #16K210/13/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement and Mutual Release, prior to trial, in the lawsuit styled Carol A. Phillips v.
Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida
(Case No. 14- 2448 -CA), for the sum of $10,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Carol A.
Phillips, against Collier County, for the sum of $10,000.00 and authorize the Chairman to
execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: On August 19, 2013, the Plaintiff alleges she tripped over an elevated
portion of sidewalk, owned and maintained by Collier County, located near Plantation
Community. Plaintiff was transported to the hospital via ambulance and was diagnosed with
suffering a right patellar fracture. Plaintiffs medical bills total $7,358.58. Plaintiffs pre -suit
demand was for $85,000.
The County does have potential exposure to liability as both pictures of the area after the
accident and the County's internal investigation revealed a raised portion of sidewalk at the
subject location. The County, through the Risk Management Department and County Attorney's
Office, has tentatively agreed to settle this case for a total sum of $10,000.00 contingent on the
Board of County Commissioners approval of the same.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $10,000.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this Settlement Agreement. This settlement is based on the exposure to
the County and the costs associated with taking this case to trial. 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 filed against Collier County by Carol A. Phillips in the Twentieth
Judicial Circuit Court for the total sum of $10,000.00 and authorize the Chairman to execute the
Settlement Agreement and Mutual Release.
Prepared by: Kevin L. Noell, Assistant County Attorney
Attachment: Settlement Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement and Mutual Release, prior to trial, in the lawsuit styled Carol A. Phillips
v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 14- 2448 -CA), for the sum of $10,000.
Meeting Date: 10/13/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
9/28/2015 2:52:48 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: NoellKevin
9/28/2015 2:52:49 PM
Approved By
Name: WalkerJeff
Title: Division Director - Risk Management, Administrative Services Department
Date: 9/28/2015 2:59:52 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 9/28/2015 3:22:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/28/2015 3:50:47 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/28/2015 4:45:07 PM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/1/2015 10:57:51 AM
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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
, 2015, by and between CAROL A. PHILLIPS, (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 Carol A. Phillips v. Collier
County, a political subdivision of the State of Florida, Case No. 14- 2448 -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.
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:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses ", by reference into this Agreement and Release.
[14- 2448- CA/1208260/11 1
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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
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.
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 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.
5. 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.
[I 4-2448-CA/1208260/1 1 2
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6. 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.
7. 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.
8. 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.
9. 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
such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of Florida.
11. Plaintiff and Plaintiffs attorney shall be solely responsible for payment and
satisfaction of any liens arising out of, or anyway connected to, injuries and/or damages suffered
from the incident described in the Lawsuit.
[14- 2448- CA/1208260/1] 3
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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
Deputy Clerk
Approved as to form and legality:
Kevin L. Noell
Assistant County Attorney
AS TO PLAINTIFF:
By:
CAROL A. PHILLIPS, Plaintiff
STATE OF FLORIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIM NANCE, Chairman
By:
ZACHARY M. GILL, Esq.
Attorney for Plaintiff
Sworn to (or affirmed) and subscribed before me this day of
CAROL A. PHILLIPS, who is ( ) personally known to me or
as identification.
2015, by
} produced
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp
Commissioned Name of Notary Public)
Commissioner Expires
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