Agenda 07/13/2021 Item #16K 2 (Settlement Agreement - Vagnozzi)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Anita Vagnozzi v. Collier County Board of County
Commissioners (Case No. 19-CA-1074), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $40,000 to be paid by the Contractor with
no exposure to the County.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Anita Vagnozzi for the
sum of $40,000 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of a trip and fall that occurred November 7, 2017, at 3525
Northbrooke Drive, Naples, Florida. Plaintiff was walking and tripped on a broken/raised portion of the
sidewalk. Plaintiff alleges the County was negligent in failing to maintain the sidewalk resulting in a
hazardous condition to members of the public utilizing said sidewalk.
The Plaintiff suffered a fractured wrist due to the fall, underwent an open reduction/internal fixation
(ORIF) surgery to address the fracture, and received 21 physical therapy sessions post -surgery. Plaintiff
complained of experiencing continued pain in the wrist and underwent a second surgery to remove the
surgical plate and screws in January 2020. The full amount of medical bills totals approximately
$24,461.12.
The County contacted the contractor who was working in the area at the time and said contractor’s
insurance company agreed to defend the County in this case. The County commenced settlement
negotiations with the Plaintiff’s counsel, and all parties have agreed to a settlement amount of $40,000.00.
The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable given that no funds will be expended by the County.
FISCAL IMPACT: None as the contractor’s insurer will be paying the entire settlement amount.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - CAK
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute the Settlement Agreement for the total sum of $40,000 in the lawsuit styled Anita
Vagnozzi v. Collier County Board of County Commissioners (Case No. 19-CA-1074), now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement - Vagnozzi Signed PL (PDF)
16.K.2
Packet Pg. 2501
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 16311
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Anita Vagnozzi v. Collier County Board of County
Commissioners (Case No. 19-CA-1074), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $40,000 to be paid by the Contractor with no
exposure to the County.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/17/2021 12:03 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/17/2021 12:03 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 06/17/2021 2:42 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 06/23/2021 3:06 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/24/2021 8:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/24/2021 4:16 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/28/2021 6:14 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/30/2021 5:16 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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16.K.2.aPacket Pg. 2503Attachment: Settlement Agreement - Vagnozzi Signed PL (16311 : Recommendation to approve settlement agreement in Anita Vagnozzi v.
16.K.2.aPacket Pg. 2504Attachment: Settlement Agreement - Vagnozzi Signed PL (16311 : Recommendation to approve settlement agreement in Anita Vagnozzi v.
16.K.2.aPacket Pg. 2505Attachment: Settlement Agreement - Vagnozzi Signed PL (16311 : Recommendation to approve settlement agreement in Anita Vagnozzi v.
16.K.2.aPacket Pg. 2506Attachment: Settlement Agreement - Vagnozzi Signed PL (16311 : Recommendation to approve settlement agreement in Anita Vagnozzi v.