Agenda 09/08/2015 Item #16K109/8/2015 16.K.10.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the County Attorney's Office to file an Offer of
Judgment (settlement offer) to Plaintiffs Alan and Gail Tortolani in the lawsuit styled Alan
R. Tortolani and Gail S. Tortolani v. Collier County (Case No. 14- CA- 002017), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida.
OBJECTIVE: To seek Board authorization to file an Offer of Judgment, pursuant to Florida
Statute 768.79, to Alan Tortolani for $30,000 and Gail Tortolani for $1,000 to resolve the
pending lawsuit.
CONSIDERATIONS: This lawsuit arises out of a motor vehicle accident that occurred on
March 16, 2012 between a vehicle operated by a Collier County employee and a vehicle operated
by Plaintiff Gail Tortolani. Plaintiff Alan Tortolani was a passenger in his wife Gail's vehicle.
Based on the depositions taken, including an independent eye witness, the County is liable for
the accident. As a result of the accident, Plaintiff Alan Tortolani alleges that he suffered a right
sided disc herniation, which is visible on MRI results. Mr. Tortolani underwent several months
of treatment and has on -going complaints of weakness, numbness and tingling to his right foot
and lower back pain. Plaintiff Gail Tortolani alleges that she suffered a cervical spine injury,
consistent with a "whiplash" type injury. Mrs. Tortolani only received two treatments.
The Parties attended Mediation on August 12, 2015 and reached impasse. It is the County
Attorney and Risk Management Department's position that this Offer for Judgment is reasonable
given the County's liability for the accident itself, the type of injuries alleged, and cost of
defense through trial, including exhibit preparation, medical expert retention and doctor
depositions.
If the County succeeds in obtaining a verdict of at least 25 percent less than the amounts offered,
the Plaintiffs could be responsible under Florida law for costs and legal fees from the date the
Offer for Judgments were filed through verdict.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty
Insurance fund and the total impact will be $31,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To authorize the County Attorney's Office to file an Offer of
Judgment to Plaintiffs Alan and Gail Tortolani, in the amounts set forth above, in the lawsuit
styled Alan R. Tortolani and Gail S. Tortolani v. Collier County (Case No. 14 -CA- 002017) now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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9/8/2 015 16. K.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.10.
Item Summary: Recommendation to approve and authorize the County Attorney's Office
to file an Offer of Judgment (settlement offer) to Plaintiffs Alan and Gail Tortolani in the lawsuit
styled Alan R. Tortolani and Gail S. Tortolani v. Collier County (Case No. 14- CA- 002017), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: A1lenDebbie
Title: Legal Office Administrator, CAO Office Administration
8/25/2015 11:14:18 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: NoellKevin
8/25/2015 11:14:20 AM
Approved By
Name: WalkerJeff
Title: Division Director - Risk Management, Administrative Services Department
Date: 8/25/2015 11:27:50 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/25/2015 11:33:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/25/2015 11:47:32 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/25/2015 1:55:24 PM
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9/8/2015 16.K.10.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/25/2015 3:26:16 PM
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