Agenda 11/13/2018 Item #16K1011/13/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17-CA-1201),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for $30,000, with payment to be made by non-parties and no contribution made by Collier
County.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Frederick Stevens for
$30,000.00, to be paid solely by non-parties, and authorize the Chair to execute the Settlement Agreement
and Release.
CONSIDERATIONS: Plaintiff Frederick Stevens alleges that on December 8, 2015, while working for
Area Wide Protective, Inc. setting up traffic control devices along Magnolia Pond Road, he stepped into
an uncapped water meter valve that was hidden from view due to tall grass.
Plaintiff alleges he suffered a torn meniscus to his right knee because of the accident, received several
months of physical therapy, and subsequently underwent surgery to repair the torn meniscus. Plaintiff’s
medical bills total approximately $26,815.98.
During the time of the subject incident Plaintiff was performing work in the County’s right -of-way,
pursuant to a permit pulled by a non-party entity. In addition, a second non-party entity, which owned the
land that abutted the County’s right-of-way, had mowed the grass in the area for the months leading up to
the incident. The County Attorney’s Office obtained agreements from the first entity, and the insurer for
the second entity, to contribute a fixed amount toward settlement, and avoid the likely higher cost of
protracted litigation.
At mediation a tentative settlement was reached for $30,000.00 to resolve the lawsuit, including Plaintiff
being responsible to satisfy all outstanding liens and medical expenses, and the non-parties paying the
settlement amount. It is the County Attorney and Risk Management Department’s position that this
settlement is reasonable given there will be no funds expended by the County and the lawsuit will be
dismissed.
FISCAL IMPACT: There is no fiscal impact, as non parties will be paying the entire settlement amount.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - KLN
RECOMMENDATION: For the Board of County Commissioners to accept the tentative settlement in
the lawsuit styled Frederick Stevens v. Collier County (Case No. 17-CA-1201), now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and authorize the Chair
to execute the Settlement Agreement and Release.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Settlement Agreement and Release-Stevens (PDF)
16.K.10
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11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 7266
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17 -
CA-1201), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for $30,000, with payment to be made by non-parties and no contribution made by Collier
County.
Meeting Date: 11/13/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/06/2018 2:55 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/06/2018 2:55 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 11/06/2018 3:05 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/06/2018 4:06 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/06/2018 4:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2018 7:55 AM
Budget and Management Office MaryJo Brock Additional Reviewer Skipped 11/07/2018 9:13 AM
County Attorney's Office MaryJo Brock CAO Preview Skipped 11/07/2018 9:14 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/07/2018 9:15 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
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