Agenda 04/13/2010 Item #16K 2
Agenda Item No. 16K2
April 13, 2010
Page 1 of2
EXECUTIVE SUMMARY
Recommendation to approve the mediation settlement in the lawsuit filed by James Cooney
and Rosemary Cooney against the Board of County Commissioners, in Collier County
Circuit Court, for the sum of $6,605.00 and authorize the Chairman to execute the
Settlement Agreement.
OBJECTIVE: Recommendation to accept the mediation settlement in the lawsuit filed by
James Cooney and Rosemary Cooney, husband and wife, against the Board of County
Commissioners, in Collier County Circuit Court, for the sum of $6,605.00 and authorize the
Chairman to execute the Settlement Agreement.
CONSIDERATIONS: On August 25, 2006, Plaintiff, James Cooney, alleges he was injured
when he jumped into a swimming pool at North Collier Regional Park and hit his leg on a tiled
bench. At the time that Mr. Cooney negligently jumped into the County swimming pool, Mr.
Cooney allegedly suffered a three inch laceration to his right shin. The Plaintiff, James Cooney
and his wife, Rosemary Cooney, filed suit against the County alleging negligence and loss of
consortium. Collier County denies any liability, and there is no evidence that there was any
defect in the swimming pool or with the underwater bench.
The parties have completed discovery, including depositions. On March 12, 2010, the parties
engaged in Court ordered mediation and reached a full settlement of $6,605.00. Based on the
County's investigation, Plaintiffs medical bills and lost wages, the $6,605.00 settlement is
reasonable. Plaintiff incurred approximately $1,800.00 in medical bills and alleges $800.00 in
lost wages. If this matter went to a jury trial, the trial costs would be significant.
In addition to the laceration, Mr. Cooney now alleges that he has a tom ACL or meniscus as a
result of this accident. Should this case go to a jury trial, Collier County would need to retain an
expert witness to dispute this allegation to a reasonable degree of medical certainty.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund, and the total impact will be $6,605.00. From the settlement, Risk Management is
to deposit $605.00 directly into Collier County EMS Fund 490 Cost 144610 for Plaintiffs
outstanding invoice.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this case with the
Risk Management Department and recommends that the Board of County Commissioners
approve this Settlement Agreement. There is a significant risk of costs associated with trying
this case. This item is legally sufficient for Board action. - CMG
RECOMMENDATION: For the Board of County Commissioners to accept the mediation
settlement in the lawsuit filed against the Board of County Commissioners by James Cooney and
Rosemary Cooney, in Collier County Circuit Court, for the sum of $6,605.00 and authorizes the
Chairman to execute the Settlement Agreement.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Agenda Item No. 16K2
April 13, 2010
Page 2 of 2
Recommendation to approve the mediation settlement in the lawsuit filed by James Cooney and
Rosemary Cooney against the Board of County Commissioners. in Collier County Circuit Court, for
the sum of $6,605 and authorize the Chairman to execute the Settlement Agreement.
4/13/20109:0000 AM
Date
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/23120108:45:34 AM
Date
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Division
Director ~ Risk Management
Risk Management
3123/20108:48 AM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3123120108:18 AM
Date
Approved By
Jeff Klatzkow
Approved By
OMB Coordinator
County Manager's Office
County Attorney
31301201011:27 AM
Date
Office of Management & Budget
411120108:09 AM
Date
Approved By
Randy Greenwald
OffIce of Management &
Budget
Approved By
Sherry Pryor
Office of Management &
Budget
Management/Budget Analyst
Office of Management & Budget
4/1/201010:50 AM
Management! Budget Analyst, Senior
Date
Office of Management & Budget
4/1/20101:13 PM
Approved By
Date
Therese Stanley
Office of Management &
Budget
Approved By
Leo E. Ochs, Jr.
County Managers Office
Manager - Operations Support - Trans
Office of Management & Budget
411/20103:54 PM
County Manager
Date
County Managers Office
4/4/20102:04 PM