Agenda 10/12/2021 Item #16K3 (Settlement Agreement)10/12/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Paula Yoanys Alpizar Gomez v. Collier County Board of Commissioners, (Case No. 19-
CA-3709), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $65,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Paul a Yoanys Alpizar
Gomez for the sum of $65,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on October 6, 2017, at the
intersection of Golden Gate Parkway and Collier Boulevard involving the Plaintiff’s vehicle and a Collier
County maintenance truck. Plaintiff presented to the hospital where diagnostic images were taken of her
brain, left elbow, cervical and lumbar area. Plaintiff ultimately underwent approximately 2 ½ months of
chiropractic care and was diagnosed with a cervical sprain and herniations, thoracic sprain, left foot
contusion and ligament injury. Plaintiff underwent additional treatment to her left foot including surgery.
The Plaintiff also underwent a cervical epidural injection and was recommended for an artificial disc
replacement.
The Plaintiff alleges total medical costs of $113,700.43. The Plaintiff’s pre-suit settlement demand was
$200,000. The parties commenced discovery, depositions were taken and participated in both non-
binding arbitration and mediation. After extensive settlement negotiations a tentative settlement,
contingent upon Board approval, was reached to resolve the lawsuit for $65,000.
The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable. Should the case proceed with additional depositions 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 $65,000.
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 $65,000 in the lawsuit styled Paula
Yoanys Alpizar Gomez v. Collier County Board of Commissioners, (Case No. 19-CA-3709), 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-Gomez (PDF)
16.K.3
Packet Pg. 1239
10/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 20177
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Paula Yoanys Alpizar Gomez v. Collier County Board of
Commissioners, (Case No. 19-CA-3709), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $65,000.
Meeting Date: 10/12/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/23/2021 3:44 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/23/2021 3:44 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 09/23/2021 3:50 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 09/28/2021 8:33 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/28/2021 11:22 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 09/28/2021 11:45 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2021 2:52 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/29/2021 8:17 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM
16.K.3
Packet Pg. 1240
16.K.3.aPacket Pg. 1241Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)
16.K.3.aPacket Pg. 1242Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)
16.K.3.aPacket Pg. 1243Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)
16.K.3.aPacket Pg. 1244Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)
16.K.3.aPacket Pg. 1245Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)
16.K.3.aPacket Pg. 1246Attachment: Settlement Agreement-Gomez (20177 : Approval of Settlement Agreement in Paula Gomez v. Collier County Case No. 19-CA-3709)