Agenda 09/14/2021 Item #16K24 (Settlement Agreement)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled William Kenney v. Collier County Board of Commissioners, (Case No. 21-CA-1265),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $75,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by William Kenney for
the sum of $75,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of trip and fall incident that occurred at the Naples
Regional Library. Plaintiff alleges that on October 8, 2019, he was walkin g toward the front entrance of
the library when he stepped into the center hole of a tree grate on the sidewalk and fell which caused him
injuries. A tree had been removed from inside the grate prior to the incident.
Plaintiff was transported to Naples Community Hospital by ambulance, where he complained of pain to
his entire left anterior thigh which radiated to his left knee. He was placed in a knee immobilizer,
provided crutches, and was referred to an orthopedics physician. Days later the Plaintiff presented to Dr.
Thomas Parent of the Millennium Physician Group. An MRI was performed that showed he had a
ruptured left quadricep. The Plaintiff underwent a left quadricep repair surgery on November 7, 2019,
during which it was determined he had a complete tear of the quadricep. The Plaintiff subsequently
underwent ten physical therapy sessions and was then discharged from medical care.
The Plaintiff alleges total medical costs of $48,385.57. The Plaintiff’s pre-suit settlement demand was
$200,000. The parties commenced discovery and depositions were scheduled. After extensive settlement
negotiations a tentative settlement, contingent upon Board approval, was reached to resolve the lawsuit
for $75,000.
The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable. Should the case proceed with additional depositions, expert examinations, non-
binding arbitration, and trial, the costs incurred alone are expected to exceed the tentative settlement
amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund
and the total impact will be $75,000.
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 $75,000 in the lawsuit styled William
Kenney v. Collier County Board of Commissioners, (Case No. 21-CA-1265), 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. Executed settlement agreement-Kenney (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.24
Doc ID: 20032
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled William Kenney v. Collier County Board of Commissioners, (Case No.
21-CA-1265), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $75,000.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/08/2021 2:53 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/08/2021 2:53 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 09/08/2021 3:09 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 09/08/2021 3:15 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/08/2021 3:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/08/2021 4:20 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/08/2021 4:47 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/08/2021 5:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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Packet Pg. 3331 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney
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Packet Pg. 3332 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney
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Packet Pg. 3333 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney
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Packet Pg. 3334 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney
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Packet Pg. 3335 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney
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Packet Pg. 3336 Attachment: Executed settlement agreement-Kenney (20032 : For the Board to authorize the Chair to execute Settlement Agreement in Kenney