Agenda 12/08/2015 Item #16K412/8/2015 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement and Mutual Release 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: Recommendation to approve the settlement in the lawsuit filed by Alan and Gail
Tortolani for the total sum of $35,000 and authorize the Chairman to execute the Settlement
Agreement and Mutual Release.
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. An Offer of Judgment
(settlement offer) was authorized by the Board and served on the Plaintiffs for a total sum of
$31,000. Through further negotiations a tentative settlement was reached for $35,000. It is the
County Attorney and Risk Management Department's position that this settlement 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.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty
Insurance fund and the total impact will be $35,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: For the Board of County Commissioners to accept the tentative
settlement 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 and authorize the Chainnan to execute the Settlement Agreement and
Mutual Release.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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12/8/2015 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement and Mutual Release 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: 12/8/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
11/20/2015 3:28:36 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: NoellKevin
11/20/2015 3:28:38 PM
Approved By
Name: WalkerJeff
Title: Division Director - Risk Management, Risk Management
Date: 11/30/2015 7:43:38 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/30/2015 8:37:42 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/30/2015 8:58:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/30/2015 9:06:18 AM
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12/8/2015 16.K.4.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/30/2015 9:17:34 AM
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12/8/2015 16.K.4.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to s the "Agreement and Release ") is entered into and made on this day of
2015, by and between GAIL S. TORTOLANI, (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 Alan R. Tortolani and Gail S
Tortolani v. Collier County, a political subdivision of the State of Florida, Case No. 14 -CA-
002011 (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- 2017- CA/1217480/1] 1
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12/8/2015 16.K.4.
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 One Thousand and 00 /100 ($1,000.00) 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 4-2017-CA/ 1217480/ 11 2
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12/8/2015 16.K.4.
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 shall be solely responsible for payment and satisfaction of any liens,
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.
114- 2017 -CA/ 1217480/1 ] 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
LaIn
Deputy Clerk
Approved as to form and legality:
Kevin L. Noell
Assistant County Attorney
AS TO PLAINTIFF:
By:
�"• (,c.�vC,
j1AIL. TORTOLANI, Plaintiff
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIM NANCE, Chairman
STATE OF FLO
COUNTY OF t r-
f
Sworn to (or affirmed) and subscribed before me this `I `
A day of , 2015, by
GAIL S. TORTOLANI, who is ( ) personally known to me or ( ) produced
DL- as identification.
e of Notary Public - State of Florida)
�� Notary Public State of Florida
Crystal B Moore `�-
�A n� My Corn mission FF ,26863 (Print, Type, or Stamp
orti Expires IMN2017
Commissioned Name of Notary Public)
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12/8/2015 16.K.4.
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 1- day of
n , 2015, by and between ALAN R. TORTOLANI, (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 Alan R. Tortolani and Gail S
Tortolani v. Collier County, a political subdivision of the State of Florida, Case No. 14 -CA-
002011 (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- 2017- CA/1217466/1] 1
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2. In consideration of the resolution of all disputes or claims arising from or Aww
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in
consideration of the sum of Thirty -Four Thousand and 00 /100 ($34,000.00) 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
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 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.
[14- 2017- CA/1217466/1] 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 shall be solely responsible for payment and satisfaction of any liens,
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.
[ 14- 2017 -CA/I 217466/1] 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:
Of
Kevin L. Noell
Assistant County Attorney
AS TO PLAINTIFF:
B. I
LAN R. TOkf OLANI, laintiff
STATE OF F I
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIM NANCE, Chairman
Sworn to (or affirmed) and subscribed before me this _ V_' day of I , 2015, by
ALAN R. TORTOLANI, who is ( ) personally known to me or (gip) produced
T) L- 9-1 as identification.
Notary PuWK State of Fbrida
Cryatal B Moore
My Cororrrittion FF 128883
PW
A M4C 12!0812017
OF
[14- 2017- CA/1217466/11
( ignature of &No—tary�Public - State of Florida)
(Print, Type, or Stamp
Commissioned Name of Notary Public)
Commissioner Expires l Z D$ -17
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