Agenda 12/08/2020 Item #16K 7 (Settlement Agreement - Nick Colaric)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Nick Colaric v. Collier County Board of Commissioners, (Case No. 19-CA-4253), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $9,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Nick Colaric for the
sum of $9,000.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred July 31, 2018, at the Collier
County North Regional Park’s Sun-N-Fun Lagoon. Plaintiff was entering the Turtle Cove pool when he
stepped on a broken portion of tile on the pool floor and received a deep laceration to his right heel.
Plaintiff received treatment at the scene but, due to continued bleeding from the heel, he presented for
additional treatment at Naples Community Hospital on the following day. Plaintiff underwent diagnostic
testing, received six sutures, and incurred a total of $4,693.50 in total medical bills. Plaintiff alleges it
took several weeks for the laceration to heal and that he now experiences constant numbness and tingling
in the heal area due to the residual nerve damage caused by the laceration.
Plaintiff alleges the County was negligent in the inspection and maintenance of the pool area, by failing to
warn of the dangerous condition and/or failing to correct the dangerous condition and, as a result, he
suffered the injury and damages.
After extended settlement negotiations all parties have agreed to a tentative settlement in the amount of
$9,000. The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable. Should the case proceed through depositions, non-binding arbitration, and trial
the costs incurred alone are expected to well exceed the tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty Insurance fund
and the total impact will be $9,000.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - CMG
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute the Settlement Agreement for the total sum of $9,000 in the lawsuit styled Nick
Colaric v. Collier County Board of Commissioners, (Case No. 19-CA-4253), now pending in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement-Colaric (PDF)
16.K.7
Packet Pg. 3699
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 14319
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Nick Colaric v. Collier County Board of Commissioners, (Case No. 19 -
CA-4253), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $9,000.
Meeting Date: 12/08/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/25/2020 2:58 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/25/2020 2:58 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 11/25/2020 3:18 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/25/2020 3:39 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 3:50 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/30/2020 7:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/30/2020 11:29 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/02/2020 11:36 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.K.7
Packet Pg. 3700
16.K.7.aPacket Pg. 3701Attachment: Settlement Agreement-Colaric (14319 : Approve Settlement Agreement in Colaric v. Collier County, Case No. 19-CA-4253)
16.K.7.aPacket Pg. 3702Attachment: Settlement Agreement-Colaric (14319 : Approve Settlement Agreement in Colaric v. Collier County, Case No. 19-CA-4253)
16.K.7.aPacket Pg. 3703Attachment: Settlement Agreement-Colaric (14319 : Approve Settlement Agreement in Colaric v. Collier County, Case No. 19-CA-4253)
16.K.7.aPacket Pg. 3704Attachment: Settlement Agreement-Colaric (14319 : Approve Settlement Agreement in Colaric v. Collier County, Case No. 19-CA-4253)