Agenda 02/12/2008 Item #16K 3
EXECUTIVE SUMMARY
Agenda Item No. 16K3
February 12, 2008
Page 1 of4
Recommendation to approve settlement after mediation in the lawsuit entitled Charles
McCleafvs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 06-2350-CA, for $25,000.00.
OBJECTIVE: That the Board of County Commissioners' approve the settlement after mediation
and prior to trial, whereupon the County would approve payment of $25,000.00 to Plaintiff by its
contractor and the lawsuit and all claims against the County would be dismissed with prejudice.
CONSIDERATIONS: On January 2, 2003, Plaintiff was working for County contractor D.N.
Higgins, Inc., when he fell through an aluminum plate that covered a water meter hole. Plaintiff
landed on his right leg, right forearm and jammed his right wrist into his shoulder. As a result of his
fall, Plaintiff sustained a right wrist strain, right carpal tunnel syndrome, and acute gout. Plaintiff
incurred medical expenses of approximately $5,000,00 and lost wages of approximately $6,000.00,
After service of the Summons and Complaint upon the County, the County tendered its defense to
D.N. Higgins, lnc, and D.N. Higgins, Inc. accepted same. Higgins' insurance company represented
the County and settled the claim for $25,000.00 which will be paid by D.N. Higgins, Inc.'s
insurance company at no cost to the County.
The County has been represented by Julie A, Lewis, Esq. of Kubicki Draper and the County
Attorney opines that the settlement is reasonable under the circumstances.
FISCAL IMPACT: No fiscal impact.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item,
LEGAL CONSIDERATIONS: Plaintiff asserts that the County failed to maintain the area
adequately allowing a dangerous condition, The County denied liability and tendered its defense to
D.N. Higgins, Inc. Both the County Attorney and the Risk Management Director opine that
settlement on behalf of the County with no cost to the County in the sum of $25,000.00 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 $25,000.00 and authorize the Chairman of the Board of County Commissioners to
execute all necessary documents,
PREPARED BY: William E. Mountford, Assistant County Attorney
07.0012/2069
RELEASE Agenda Item No. 16K3
February 12, 2008
Page 2 of4
FOR THE SOLE CONSIDERATION of Twenty-five Tllousand and No/1 00 Dollars, ($25,000.00), the receipt
and sufficiency whereof is hereby acknowledged, the undersigned hereby Releases and forever discharges
COLLIER COUNTY, FLORIDA, DOUGLAS N. HIGGINS, INC., CONTINENTAL CASUALTY COMPANY,
and CNA INSURANCE COMPANIES, their heirs, executors, administrators, agents and assigns, none of
whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims,
demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on
account of all injuries known or unknown, both to person and property, which have resulted or may in the
future develop Irom an accident which occurred on or about January 2, 2003 which is the subject matter of a
lawsuit entitled McCleaf v. Collier County, Florida. Case No: 06-2350-CA,
Further, the releasors state that while they hereby release any and all claims against the releasees and their
heirs, executors, administrators, agents, employees, successors, and assigns for both past and future losses,
Including medical expenses, health care and related expenses, the necessity for future medical treatment and
expenses incurred is speculative and unknown at this time and, therefore. as a result. releasors do not deem
the settlement herein made to fully satisfy their damages in the event future medical expenses. health care
and related expenses incur. AI; a result, the releasors reSBfVe their right to pursue and reCover all fllture
medical expenses, health care and related expenses, from any person, firm. or organization who may be
responsible for payment of such expenses. including any first party health or automobile insurance coverage,
but such reservation does not include the parties released herein.
Undersigned lurther declares that as further consideration lor payment of said sum, undersigned hereby
agrees to protect the said Releasees and hold harmless said Releasees against any claim for damages,
compensation. debt lien or otherwise on the part of any party, growing out of or resulting Irom subrogation
interests or liens,
Undersigned further declares that as further consideration for payment of said sum, undersigned hereby
agrees to satisfy any and all liens.
This settlement is subject to the approval of the Collier County Board of Commissioners.
Undersigned hereby declares that the terms of this settlement have been completely read and are fully
understood and voluntarily accepted for the purpose of making a full and linal compromise adjustment and
settlement 01 any and all claims, disputed or otherwise, on account of the Injuries and damages above
mentioned and for the express purpose of precluding forever any further additional claims arising out of the
aforesaid accident.
Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set
forth below,
DATED:
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
TOM HENNING, Chairman
Date:
CHARLES MCCLEAF, Plaintiff
Page 1 of 2
Aoenda Item No. 16K3
~ February 12, 2008
Page 3 of 4
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed by Charles McCleaf, before me, this day of
.2008.
Signature of Notary Public
Personally Known
or
Produced Identification
Commissioned Name of Notary Public
(Please print. type or stamp)
Type of Identification Produced
My Commission expires:
Approved as to form and
legal sufficiency:
William E. Mountford
Assistant County Attorney
Page 2 of 2
Page 1 of 1
Agenda liem No. 16K3
February 12, 2008
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Meeting Date:
Recommendation to approve settlement after mediation in the lawsuit entitled Charles
McCleaf VS. Collier County filed in the Twentieth Judicial Circuit in and for Collier County,
Fiorida, Case No. 06-2350-CA. for $25,000.00.
2/12/20089:00.00 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
1/30/20081:31 PM
Approved By
William Mountford
Assistant County Attorney
Date
County Attorney
County Attorney Office
1130/20083:21 PM
A pproved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1130120083:55 PM
Approved By
OMS Coordinator
Applications Analyst
Oate
Administrative Services
Information Technology
113112008 8:39 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management &. Budget
2/1120082:54 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
213120084:30 PM
file://C:\AgendaTest\Export\J 00-February%20 J 2,%202008\ 16,%20CONSENT%20AGEND.., 2/6/2008