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Agenda 04/26/2022 Item #16K 7 (Settlement Agreement in lawsuit - Husseini)04/26/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Farris Husseini v. Collier County Board of Commissioners (Case No. 20-CA-2596), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $35,000. _____________________________________________________________________________________ OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Farris Husseini for the sum of $35,000 and authorize the Chair to execute the Settlement Agreement. CONSIDERATIONS: This lawsuit arises out of a slip and fall accident that occurred on September 17, 2016, at the Collier County Museum located at 3331 Tamiami Trail East, Naples. The Plaintiff alleges that while walking towards an exhibit on the museum grounds, he slipped on accumulated green mildew/mold/moss that was on the walking path and he suffered injuries to his neck, lower back, and ankle. The Plaintiff alleged total medical costs of $67,282.37, in addition to his claim for future medical treatment. 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 $35,000. 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 $35,000. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. RECOMMENDATION: For the Board of County Commissioners to approve and authorize the Chairman to execute the Settlement Agreement for the total sum of $35,000 in the lawsuit styled Farris Husseini v. Collier County Board of Commissioners (Case No. 20-CA-2596), 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_Redacted (PDF) 16.K.7 Packet Pg. 1606 04/26/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 21923 Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Farris Husseini v. Collier County Board of Commissioners (Case No. 20- CA-2596), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $35,000. Meeting Date: 04/26/2022 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 04/11/2022 3:26 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/11/2022 3:26 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 04/11/2022 3:30 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/11/2022 4:23 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/12/2022 8:29 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2022 11:57 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/15/2022 11:13 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/15/2022 1:53 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM 16.K.7 Packet Pg. 1607 16.K.7.a Packet Pg. 1608 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA- 16.K.7.a Packet Pg. 1609 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA- 16.K.7.a Packet Pg. 1610 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA- 16.K.7.a Packet Pg. 1611 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA- 16.K.7.a Packet Pg. 1612 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA- 16.K.7.a Packet Pg. 1613 Attachment: executed settlement agreement_Redacted (21923 : Approval of settlement agreement in Farris Husseini v. Collier County 20-CA-