Agenda 04/12/2022 Item #16K 4 (Settlement Agreement Circuit Court Case No. 21-CA-2769)04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Tiffany Wind v. Collier County Board of Commissioners, (Case No. 21-CA-2769), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $155,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Tiffany Wind for the
sum of $155,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on September 5, 2019, at the
intersection of South First Street and Stockade Rd., in Immokalee involving the Plaintiff’s vehicle and a
Collier County maintenance truck. As a result of the accident, the Plaintiff sustained multiple fractures
and has had one surgical procedure, with additional procedures recommended by her physicians.
The Plaintiff alleged total medical costs of $50,537.28, in addition to her claim for lost wages. The
Plaintiff’s pre-suit settlement demand was $200,000. The parties commenced discovery. After extensive
settlement negotiations a tentative settlement, contingent upon Board approval, was reached to resolve the
lawsuit for $155,000.
The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable. Should the case proceed with additional depositions, mediation 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 $155,000.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. -CK
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute the Settlement Agreement for the total sum of $155,000 in the lawsuit styled Tiffany
Wind v. Collier County Board of Commissioners, (Case No. 21-CA-2769), 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 Wind (PDF)
16.K.4
Packet Pg. 1892
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 21789
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Tiffany Wind v. Collier County Board of Commissioners, (Case No. 21-
CA-2769), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $155,000.
Meeting Date: 04/12/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
03/29/2022 10:28 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/29/2022 10:28 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 03/29/2022 1:16 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/01/2022 8:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/01/2022 9:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2022 1:49 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/01/2022 4:26 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 10:08 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.4
Packet Pg. 1893
16.K.4.a
Packet Pg. 1894 Attachment: Settlement Agreement Wind (21789 : Approval of settlement agreement in Tiffany Wind v. Collier County)
16.K.4.a
Packet Pg. 1895 Attachment: Settlement Agreement Wind (21789 : Approval of settlement agreement in Tiffany Wind v. Collier County)
16.K.4.a
Packet Pg. 1896 Attachment: Settlement Agreement Wind (21789 : Approval of settlement agreement in Tiffany Wind v. Collier County)
16.K.4.a
Packet Pg. 1897 Attachment: Settlement Agreement Wind (21789 : Approval of settlement agreement in Tiffany Wind v. Collier County)