Agenda 05/28/2019 Item #16K 2 (Settlement Agreement - Jerome)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
case styled Marie Michelle Jerome v. Collier County (Case No. 18-CA-2065), now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of $8,230.15.
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OBJECTIVE: Recommendation to approve the tentative settlement in the case styled Marie Michelle
Jerome v. Collier County, for the sum of $8,230.15, and authorize the Chair to execute the Settlement
Agreement.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred at the CAT transfer station,
located at 3555 East Tamiami Trail, Naples, Florida, on December 6, 2016. Ms. Jerome alleges she was
attempting to enter the station when she received a deep laceration to her left foot, and partial avulsion
injury to the greater toe nail of her left foot, due to sharp metal in the hole of the door’s lock housing, on
the threshold of the door.
Due to the bleeding at the scene, the paramedics were called, and she was transported to Naples
Community Hospital. At the hospital, her foot was x-rayed to ensure no fractures, the laceration and nail
bed were cleaned, and a skin adhesive was applied to close the laceration. She was discharged with
antibiotics and pain medication. Over the next several weeks, Ms. Jerome complained of experiencing
ongoing pain in her foot, that radiated up her leg, and she was referred to a foot specialist. The specialist
removed her greater toe nail completely and an MRI was performed to rule out fractures and other
contributing abnormalities. She was continued on a second course of antibiotics and pain medication.
Over the next several months, Ms. Jerome continued to complain of ongoing pain to the impacted foot.
The County commenced discovery and depositions have been conducted. The plaintiff’s medical bills
total approximately $13,037.45. After on-going negotiations, a tentative settlement has been reached for
$8,230.15 to resolve the lawsuit.
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 costs that will be incurred to participate in
court-ordered mediation and 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 $8,230.15.
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 for
the sum of $8,230.15 in the lawsuit styled Marie Michelle Jerome v. Collier County and authorize the
Chair to execute the Settlement Agreement.
ATTACHMENT(S)
1. Settlement Agreement-Jerome (PDF)
16.K.2
Packet Pg. 1408
05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 9039
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the case styled Marie Michelle Jerome v. Collier County (Case No. 18 -CA-2065), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of
$8,230.15.
Meeting Date: 05/28/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
05/20/2019 11:24 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/20/2019 11:24 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 05/20/2019 1:40 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 05/20/2019 3:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/20/2019 3:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/21/2019 9:00 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 05/21/2019 9:36 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 10:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
16.K.2
Packet Pg. 1409
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Packet Pg. 1410 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA-
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Packet Pg. 1411 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA-
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Packet Pg. 1412 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA-
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Packet Pg. 1413 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA-