Agenda 03/23/2021 Item #16K1 (Settlement Agreement Case No. 19-CA-3739)03/23/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Jose Cruz v. Collier County Board of Commissioners, (Case No. 19-CA-3739), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $60,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Jose Cruz for the sum
of $60,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a motor vehicle accident that occurred on March 30,
2017 on Davis Boulevard, near W. Crown Point Blvd. Zachary Garcia, who was a County employee at
the time, was driving a large Ford pickup truck, owned by Collier County, and rear-ended a 2005 Honda
Civic, operated by the plaintiff. The plaintiff's vehicle was stopped at a cross walk at the time of impact,
due to the crosswalk warning lights being activated. The impact caused the plaintiff’s vehicle to be
pushed into the front vehicle.
Plaintiff alleges severe pain in his low back and neck. Due to the complaints of pain and limitations he
was still experiencing after conservative chiropractic care, the plaintiff was referred to orthopedic surgeon
Dr. John Baker. An MRI of the lumbar spine revealed broad-based disc herniation, with flattening of the
ventral thecal sac, at L5-S1 and bilateral S1 nerve root impingement and severe right foraminal stenosis.
As the conservative treatment did not resolve the back pain and pain radiating down his right leg, the
Plaintiff required surgery performed by board certified neurosurgeon, Dr Robert Norton. Plaintiff
reached maximum medical improvement 6 months post-surgery and was given an 11% permanent partial
impairment rating.
The alleged medical bills outstanding and owed are $248,323.96. In the initial demand package sent to
Johns Eastern, the plaintiff also alleged $75,000 for ongoing interventional care and $25,000 for future
palliative medical expenses, over the next 10 years. The initial demand was for the statutory cap of
$200,000.
Plaintiff alleges damages for the permanent injuries, pain and suffering, disability, disfigurement and loss
of capacity for the enjoyment of life.
After extended settlement negotiations the parties reached a tentative settlement in the amount of $60,000.
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 $60,000.
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 $60,000 in the lawsuit styled Jose
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03/23/2021
Cruz v. Collier County Board of Commissioners, (Case No. 19-CA-3739), 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. Executed Settlement Agreement (PDF)
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03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 15226
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Jose Cruz v. Collier County Board of Commissioners, (Case No. 19 -CA-
3739), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $60,000.
Meeting Date: 03/23/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
03/08/2021 2:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/08/2021 2:13 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 03/08/2021 2:24 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/08/2021 2:50 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/08/2021 3:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2021 8:29 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/11/2021 10:51 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 11:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this _____ day of ________, 2021, by and between
JOSE CRUZ, hereinafter referred to as "Plaintiff', and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS, hereinafter referred to as "County".
WIT N E S S ETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, in the case styled Jose Cruz v.
Collier County Board of Commissioners, Case No. 19-CA-3739 (hereinafter referred to as the
"Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
departments, agencies and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and
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.
[l 9-CA-3739/1596428/1]
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Packet Pg. 1408 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County)
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Packet Pg. 1409 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County)
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Packet Pg. 1410 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County)
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Packet Pg. 1411 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County)