Agenda 07/13/2021 Item #16K 3 (Settlement Agreement - Riddle)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Annette Riddle v. Collier County Board of County
Commissioners (Case No. 19-CA-0743), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $10,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Annette Riddle for the
sum of $10,000 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred February 19, 2017, on a
sidewalk located at 4311 22nd Avenue SW, Naples, Florida. Plaintiff alleges she fell off her scooter, due
to a defective sidewalk, and hit her head. Plaintiff alleges the County was negligent in its maintenance of
the sidewalk. The Plaintiff’s medical bills totaled $34,313.67.
The County commenced with settlement negotiations with the Plaintiff’s counsel, and all parties have
agreed to a settlement amount of $10,000.00. The County Attorney and the Risk Management Director
recommend that the Board approve this settlement as reasonable. Should this case continue to trial
additional costs will be incurred that are expected to well exceed this amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund
and the total impact will be $10,000.
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 $10,000 in the lawsuit styled Annette
Riddle v. Collier County Board of County Commissioners. (Case No. 19-CA-0743), 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. Signed Release-Riddle (PDF)
16.K.3
Packet Pg. 2507
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 17412
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Annette Riddle v. Collier County Board of County
Commissioners (Case No. 19-CA-0743), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $10,000.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/30/2021 3:53 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 3:53 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 06/30/2021 4:03 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 07/01/2021 8:15 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/01/2021 8:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2021 11:25 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/01/2021 6:36 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:44 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.3
Packet Pg. 2508
[19-CA-743/1646956/1] 1
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this _____ day of _______________, 2021, by and between
ANNETTE RIDDLE, hereinafter referred to as “Plaintiff,” and COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS, hereinafter referred to as “County.”
W I T N E S S E 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, in the case styled Annette Riddle v.
Collier County Board of Commissioners, Case No. 19-CA-0743 (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, accrued or unaccrued, 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.
16.K.3.a
Packet Pg. 2509 Attachment: Signed Release-Riddle (17412 : Approval of Settlement Agreement in Riddle v. Collier County 19-CA-0743)
[19-CA-743/1646956/1] 2
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 ten thousand dollars and 00/100 ($10,000.00) 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, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, contractors, representatives,
successors, assigns, insurers, heirs, departments, agencies and affiliates, from any and all claims,
demands, causes of actions, damages, costs, liens, attorney’s fees, expenses, medical bills and
obligations of any kind or nature whatsoever, that she has asserted or could have asserted in the
Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, accrued or
unaccrued, known or unknown, to the Lawsuit or any incident, event or allegation referred to in
the complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, 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.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
and affiliates.
16.K.3.a
Packet Pg. 2510 Attachment: Signed Release-Riddle (17412 : Approval of Settlement Agreement in Riddle v. Collier County 19-CA-0743)
[19-CA-743/1646956/1] 3
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement 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 is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement 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 may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of the terms and conditions of this Agreement. 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 shall be governed by the laws of the State of Florida.
11. Plaintiff agrees to use the proceeds of the settlement funds for the payment and
satisfaction of all liens, medical bills, attorney fees, and all other expenses, costs, debts, or losses
whatsoever, arising out of or in any way connected to the incident described in the Lawsuit,
which Plaintiff brought or could have brought in the subject Lawsuit. Plaintiff agrees to be
solely responsible for complete payment of these obligations out of the settlement proceeds.
16.K.3.a
Packet Pg. 2511 Attachment: Signed Release-Riddle (17412 : Approval of Settlement Agreement in Riddle v. Collier County 19-CA-0743)
16.K.3.a
Packet Pg. 2512 Attachment: Signed Release-Riddle (17412 : Approval of Settlement Agreement in Riddle v. Collier County 19-CA-0743)