Agenda 06/08/2010 Item #16K 3
Agenda Item No. 16K3
June 8, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit
entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a
Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, for the sum of $8,000.00 and authorize the Chairman to
execute the Settlement Agreement.
OBJECTIVE: Recommendation to accept the settlement in the lawsuit filed by Douglas
Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a minor, against the Board
of County Commissioners for the sum of $8,000.00 and authorize the Chairman to execute the
Settlement Agreement.
CONSIDERATIONS: The injured party, Douglas Belanger, Jr. ("Doug"), was visiting the
North Collier Regional Park on October 13, 2007, for a flag football game. Doug was running
with his head down between the football field and the concession stand when he collided with a
" Collier County golf cart being driven fit a.low speed by a County employee. The golf cart was
being driven on a "pathway" between fields. Doug was 8 years old at the time of the alleged
incident. Doug was treated at the emergency room for two lacerations to his face; some visible
scarring remains today.
The parties have completed discovery, including depositions. Prior to mediation scheduled on
May 14, 2010, the parties reached a full settlement of $8,000.00. Based on the County's
investigation, discovery and Plaintiffs medical bills (approximately $2,400.00), the $8,000.00 is
reasonable. If this matter went to a jury trial, the trial costs would be significant.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund, and the total impact will be $8,000.00.
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. 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 settlement in
the lawsuit filed against the Board of County Commissioners by Douglas Belanger, Sr. as parent
and natural guardian of Douglas Belanger, Jr., a minor, in the Twentieth Judicial Circuit Court
for the sum of$8,000.00 and authorize the Chainnan to execute the Settlement Agreement.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
08-6276-CN3605
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
June 8, 2010
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit
entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a
Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $8,000 and authorize the Chairman to execute the
Settlement Agreement.
6/8/2010 9:00:00 AM
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
5/20/2010 11 :,36:19 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Division
Director - Risk Management
Date
Risk Management
5/20/20101:04 PM
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
5/20/20103:19 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
5/26/20109:25 AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
5/26/20109:40 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
6/1/20108:41 AM
Approved By
Leo :::. Ochs. Jr.
County ManagE;:rs Office
County Manager
Date
Count}fManagers Office
61112010 S:32 AM'