Agenda 11/18/2008 Item #16K 1
Agenda Item No. 16K1
November 18. 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve settlement prior to completion of discovery in the lawsuit
entitled Susan Phillips vs. Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07-2988-CA, for $5,000.00.
OBJECTIVE: That the Board of County Commissioners' approve settlement prior to the
completion of discovery, whereupon the County would pay Plaintiff $5,000.00 and all claims
against the County would be dismissed with prejudice.
CONSIDERATIONS: On September 28, 2006, Plaintifl' was transporting in her vehicle
several pieces of fine art. Plaintiff was traveling on Vineyards Boulevard to meet with and
deliver the art to a buyer. At that time, a County employee working in the area turned the fire
hydrant screw the wrong way causing a forceful stream of water onto the roadway. The Plaintiff
was instantly startled causing her to lose control of her vehicle. At the time of the incident,
Plaintiff had the windows rolled down and the artwork in the front seat was exposed to the
elements. The stream of water damaged seven original signed Salvador Dali woodblock
engravings from the "Divine Comedy" series, destroying the pencil signature on them. The art
buyer had agreed to purchase the artwork for $ I 7,500.00 per an affidavit by the buyer. The
Plaintiff also sustained injury to her neck and left shoulder.
After completion of the County's investigation, the $5,000.00 settlement for all the Plaintifrs
claims is reasonable. If this matter went to trial, trial costs for an art expert would range
somewhere between $2,000.00 to $5,000.00 not counting potential medical expert fees. An
independent preliminary investigation of the value of the art showed the claim was not
unreasonable.
FISCAL IMPACT: The settlement offer recommended by staff amounts to $5,000.00. Funds
are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Plaintiff asserts that the County negligently failed to supervise
its employees and secure the working area. The County denies liability. Both the County
Attorney and the Risk Management Director opine that settlement in the sum of $5,000.00 for
Plaintiff's claims is reasonable and cost effective under all the circumstances.
RECOMMENDATION: That the Board of County Commissioners approve the settlement
proposal of $5,000.00 for the Plaintifl' and authorize the Chainnan of the Board of County
Commissioners to execute all necessary documents.
PREPARED BY: William E. Mountford, Assistant County Attorney
.~
07.0037/2681
.
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Item No. 16K1
November 18, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve settlement prior to completion of discovery in the lawsuit
entitled Susan Phillips vs Collier County, filed in the Twentieth Judicial Circuit in and for
Collier Counly, Florida, Case No 07 -2988-CA. for $5.000.00
11/18/2008 9:0000 AM
Prepared By
William Mountford
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/29/20064:09:56 PM
Approved By
William Mountford
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/29/2008 4:28 PM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Management Director
Date
Risk Management
11/3/200810:48 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/4/20082:39 PM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
11/4/20082:47 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
11/4/20083:55 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/5/20086:08 PM
file://C:\AQendaTest\ExDort\116-November%20 18_%202008\16.%20CONSENT%20AGE... 11/12/2008
Agenda Item No. 16K 1
November 18, 2008
Page 3 of 7
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this
day of
, 2008 by and between Susan Phillips,
(hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier
County (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Susan Phillips v.
Collier County Florida, a Subdivision of the State of Florida, Case No. 07 -2988-CA
(hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
Agenda Item No. 16K 1
November 18, 2008
Page 4 of 7
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiffs and the County agree as follows:
1, Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as 'Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Five Thousand Dollars ($5,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff,
Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of herself, as well as on behalf of her attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that he has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
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..'\oenda Item No. 16K1
~ November 18. 2008
Page 5 of 7
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
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Agenda Item No. 16K1
November 18, 2008
Page 6 of7
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
Date:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TOM HENNING, Chairman
Date:
PLAINTIFF, SUSAN PHILLIPS
Signature of Susan Phillips
4
STATE OF
COUNTY OF
l\oenda Item No. 16K 1
o November 18. 2008
Page 7 of 7
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTFF
AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by
Susan Phillips, before me on this day
of , 2008.
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
Approved as to form and
legal sufficiency:
William E. Mountford
Assistant County Attorney
07.0037/2682
Personally Known
or
Produced Identification
Type of Identification Produced
5