Agenda 04/23/2019 Item #16K3 (Mediated Settlement - Severe/Joseph)04/23/2019
EXECUTIVE SUMMARY
Recommendation to approve the settlement in the lawsuit styled Garry Severe and Falloune Joseph
v. Collier County (Case No. 18-CA-1080), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, for the sum of $20,000, and authorize the Chair to
execute the Memorandum of Mediated Settlement.
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OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Garry Severe and
Falloune Joseph, for the sum of $20,000, and authorize the Chair to execute the Memorandum of
Mediated Settlement.
CONSIDERATIONS: This lawsuit arises out of vehicle accident that occurred on March 30, 2017 on
Davis Blvd., near the intersection with West Crown Point Blvd. Plaintiff was stopped in his vehicle at a
pedestrian cross walk at the time of the accident. A second vehicle then stopped directly behind the
Plaintiff’s vehicle. At that time, a third vehicle, owned by the County a nd operated by an on-duty staff
member, struck the back of the second vehicle and caused it to strike the rear of the Plaintiff’s vehicle.
The Plaintiff’s vehicle was later declared a total loss due to the damage sustained.
At the scene, Plaintiff was transported to Physicians Regional via ambulance due to complaints of neck
and back pain. He ultimately underwent several months of physical therapy and chiropractic
manipulation therapy. Plaintiff was diagnosed with neck and lower back radiculopathy, ongoi ng muscle
spasms, disc bulges, and ongoing headaches. He received a permanent impairment rating of 3% due to
the cervical injury, and 3% due to the lumbar injury, by a local neurologist, Dr. Kandel. His medical bills
total approximately $27,753.67. Plaintiff Joseph, who is the wife of Plaintiff Severe, has also brought a
claim for loss of consortium, alleging that her husband’s injuries have caused a negative impact on their
marriage.
The County commenced discovery, conducted depositions and participated in Court-ordered mediation.
A tentative settlement was reached for $20,000 to resolve the lawsuit on April 3, 2019.
It is the County Attorney and Risk Management Department’s position that this settlement is reasonable
given the County’s exposure for the accident itself and the cost of defense through trial, including expert
witness retention.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance and
total impact will be $20,000.
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, mediated
settlement for the sum of $20,000 in the lawsuit styled Garry Severe and Falloune Joseph v. Collier
County (Case No. 18-CA-1080), now pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida and authorize the Chair to execute the Memorandum of Mediated Settlement.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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ATTACHMENT(S)
1. Memorandum of Mediated Settlement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 8662
Item Summary: Recommendation to approve the settlement in the lawsuit styled Garry Severe
and Falloune Joseph v. Collier County (Case No. 18-CA-1080), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, for the sum of $20,000, and a uthorize the Chair to
execute the Memorandum of Mediated Settlement.
Meeting Date: 04/23/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/17/2019 8:53 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/17/2019 8:53 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 04/17/2019 8:56 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 04/17/2019 12:29 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/17/2019 1:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/17/2019 2:50 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/17/2019 2:52 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/17/2019 3:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM
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Packet Pg. 2491 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080)
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Packet Pg. 2492 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080)
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Packet Pg. 2493 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080)