Agenda 12/11/2018 Item #16K 712/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to reject the Plaintiff’s proposal for settlement
for $100,000.00 in the lawsuit captioned Michaelle Petit-Dort v. Collier County, Florida, Case No.
2018-CA-2356, pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier
County, Florida.
OBJECTIVE: To obtain authorization to reject a $100,000.00 proposal for settlement tendered by
Plaintiff, Michaelle Petit-Dort, in a lawsuit filed against the Board of County Commi ssioners pending in
the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, case number 2018 -
CA-2356.
CONSIDERATIONS: Plaintiff, Michaelle Petit-Dort served the Collier County with a summons and
complaint on August 14, 2018. In the complaint Plaintiff alleges that while operating a motor vehicle on
Tamiami Trail East (US Highway 41) near its intersection with Valley Stream Drive in Collier County,
Florida, she was rear ended by an ambulance that was owned by Collier Count y, causing bodily injury.
Collier County has several defenses in this lawsuit including the Plaintiff’s negligence in failing to yield
to an emergency vehicle with lights and sirens activated causing the accident, the Plaintiff’s alleged back
and neck injuries are subjective and may not be considered permanent injuries, and no County employee
action caused or contributed to causing the subject accident.
On or about November 16, 2018, the County received a proposal for settlement by the Plaintiff’s attorney
in the amount of $100,000.00. It is the opinion of the County Attorney’s Office and the Risk
Management Department that should the case go to trial at this juncture there is a strong likelihood of
obtaining a verdict well under the settlement amount or a complete defense verdict.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - KN
RECOMMENDATION: Authorize the County Attorney to reject the plaintiff’s $100,000.00 proposal
for settlement pertaining in the lawsuit filed against the Board of County Commissioners by Michaelle
Petit-Dort, pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County,
Florida.
PREPARED BY: Jeff Walker, Director of Risk Management
Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposal for Settlement (PDF)
16.K.7
Packet Pg. 3158
12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 7486
Item Summary: Recommendation to authorize the County Attorney to reject the Plaintiff’s
proposal for settlement for $100,000.00 in the lawsuit captioned Michaelle Petit-Dort v. Collier County,
Florida, Case No. 2018-CA-2356, pending in the Circuit Court for the Twentieth Judicial Circuit in and
for Collier County, Florida.
Meeting Date: 12/11/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
12/03/2018 3:14 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/03/2018 3:14 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 12/03/2018 4:28 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 12/03/2018 4:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/04/2018 8:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2018 8:08 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/04/2018 8:51 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/04/2018 5:07 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/05/2018 8:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
16.K.7
Packet Pg. 3159
16.K.7.a
Packet Pg. 3160 Attachment: Proposal for Settlement (7486 : Reject the Plaintiff’s proposal for settlement in case styled Michaelle Petit-Dort v. CC- 18-CA-2356)
16.K.7.a
Packet Pg. 3161 Attachment: Proposal for Settlement (7486 : Reject the Plaintiff’s proposal for settlement in case styled Michaelle Petit-Dort v. CC- 18-CA-2356)
16.K.7.a
Packet Pg. 3162 Attachment: Proposal for Settlement (7486 : Reject the Plaintiff’s proposal for settlement in case styled Michaelle Petit-Dort v. CC- 18-CA-2356)