Agenda 05/10/2022 Item #16K 8 (Settlement Case No. 19-CA-3155 Automobile Accident)05/10/2022
16. K.8
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled John C. Schiller, III v. Collier County Board of Commissioners, (Case No. 19-CA-
3155), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $20,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by John C. Schiller, III
for the sum of $20,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an automobile accident that occurred on April 20,
2018, at or near the intersection of Golden Gate Blvd. W. and Big Cypress Way involving the Plaintiff's
motorcycle. The Plaintiff alleges that a Collier County employee, while crossing the street outside of a
crosswalk, failed to yield the right of way to oncoming traffic.
The Plaintiff alleged total medical costs of $106,000, in addition to his claim for lost wages and 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 $20,000.
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 $20,000.
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 $20,000 in the lawsuit styled John C.
Schiller, III v. Collier County Board of Commissioners, (Case No. 19-CA-3155), 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 -Schiller Redacted (PDF)
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16. K.8
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doe ID: 22021
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled John C. Schiller, III v. Collier County Board of Commissioners, (Case
No. 19-CA-3155), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $20,000.
Meeting Date: 05/10/2022
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
04/21/2022 9:07 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/21/2022 9:07 AM
Approved By:
Review:
Risk Management
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jeff Walker
Additional Reviewer
Colleen Kerins
Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Susan Usher
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
04/21/2022 9:13 AM
Completed
05/03/2022 1:35 PM
Completed
05/03/2022 1:56 PM
Completed
05/03/2022 3:07 PM
Completed
05/04/2022 7:52 AM
Completed
05/04/2022 12:44 PM
05/10/2022 9:00 AM
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16.K.8.a
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this day of , 2022, by and between JOHN C.
SCHILLER, III, hereinafter referred to as "Plaintiff," and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS, hereinafter referred to as "County."
WITNESSETH:
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 John C. Schiller,
III v. Collier County Board of Commissioners, Case No. 19-CA-3155 (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.
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 twenty thousand dollars and no cents ($20,000.00) 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
himself, his attorneys, agents, representatives, heirs, successors and assigns, hereby expressly
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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 he 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.
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
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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. 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. The Plaintiff agrees to be
solely responsible for complete payment all other obligations out of the settlement proceeds,
including any future medical bills.
11. The Plaintiff hereby agrees to indemnify and hold harmless the County from any
and all claims and/or liens and/or subrogated interests, including but not limited to worker's
compensation liens, health insurance liens, Medicaid / Medicare liens, Social Security and any
and all attorney's liens and charging liens herein. It is further expressed and understood and
agreed, to the extent applicable, the Plaintiff, in concert and consultation with her counsel, aver
and covenant that they do not presently anticipate the Plaintiff will require future medical and/or
health care treatment for the injuries and/or conditions related to and/or arising from the accident
in question.
As a condition of and to induce settlement, the Defendant(s) and (their/its) insurer(s) have
requested and Plaintiff and their counsel have agreed to determine if Medicare (hereinafter CMS
and includes Part C Medicare Advantage Organizations (a/k/a MAO) and/or Medicaid [all
collectively referred to as CMS] has any past or future lien interest, and if so, to take all
necessary steps to satisfy such liens, past and future. The settlement is based upon a good faith
determination of the parties in order to resolve a questionable claim. The parties have attempted
to resolve this matter in compliance with both state and federal law and it is believed that the
settlement terms adequately consider Medicare's interests and do not reflect any attempt to shift
the responsibility of treatment to Medicare. The purpose of this settlement is to resolve a
disputed claim.
If Medicare has a lien or has made payments of Medicare benefits, Plaintiff will do the
following:
1. Reporting: Plaintiff agrees the settlement will be reported to the Center for Medicare
Services (CMS) and determine whether the Plaintiff is a Medicare beneficiary or
Medicare eligible as defined by 42 U.S.C. Section 1395(y) and 42 C.F.R. Section 411.25
(hereinafter the Medicare Secondary Payer Statute). Plaintiff will notify Defendants in
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writing if CMS has a lien, reporting or set aside requirement and provide the releasor's
full address, Social Security Number, date of birth, gender and if available, their v
Medicare Health Insurance Claim Number (HICK). Provision of this information is a ow
condition of settlement and spaces are provided at the end of the release for compliance. >,
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Plaintiffs agree that defendant or its insurer may also report the settlement to Medicare
and consent to such reporting and agree to cooperate fully with the defendant and its v
insurer with respect to such reporting. The parties agree that any present or future action
or decision by Medicare on this settlement or Plaintiff's eligibility or entitlement to 0
Medicare benefits in the future, will not render this release void or ineffective, or in any v
way affect the finality of this settlement. Plaintiff agrees the following information may
be reported to Medicare: —
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FULL NAME ON SOCIAL SECURITY CARD: john c. schiller, 3rd
SOCIAL SECURITY NUMBER:
DATE OF BIRTH:
GENDER: _
MEDICARE HEALTH INSURANCE CLAIM NUMBER (HICK): N/A
2. Conditional Payment Liens: Plaintiff further covenants and agrees that if CMS or a
Medicare Advantage Organization (hereinafter MAO) has made conditional payments
and/or has a lien and/or is expected to make future payments prior to closing, Plaintiff
agrees not to disburse the settlement funds until (he/she/they) (has/have) (i) reported the °
settlement to CMS; (ii) obtained a Conditional Payment Notice and Demand Letter, fiii) c
fully paid and satisfied the Medicare lien; and (iv) obtained proof of iii by faxing a
Defendants) the Final Payment, Reimbursement and Recovery Demand Letter. Plaintiff a
agrees that the released parties may elect to pay CMS or MAO lien directly from the
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settlement funds. Plaintiff acknowledges CMS may charge interest on any additional c
payments not made within 60 days and Plaintiffs agree to be responsible for such interest
should it accrue.
3. Medicare Set Asides: It is further expressly understood and agreed, to the extent
applicable, Plaintiff agrees to set aside funds necessary to pay for any anticipated future
medical and/or health care needs of Plaintiff, for any injury and/or condition that requires
treatment that arises from the injuries related and/or caused by the accident in question.
Plaintiff has conferred with their medical experts to determine the amount necessary to
set aside and self administer for anticipated future medical expenses or healthcare needs.
Plaintiff agrees to set aside $ of the settlement for these purposes and
notify Medicare that these funds have been set aside. If an LMSA or Medical Cost
Projection was done, the amount stated therein shall be set aside. Any LMSA or Medical
Cost Projection is hereby incorporated by reference into this agreement. Alternatively, if
nothing has been set aside for future costs it is because Plaintiff has covenanted that he
does not reasonably anticipate that he will require medical and/or health care treatment
for the injuries and/or conditions related and/or arising from the accident in question and
to the extent he does, he will use the net settlement proceeds for related costs if they are
incurred.
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4. Cooperation and Indemnity: Plaintiff and his counsel agree to fully cooperate with the
Defendant(s) and CMS at Plaintiff's own expense with respect to these provisions,
including production of documents or information or preparation of a Medicare set aside.
Plaintiff agrees to execute any authorizations required by Defendant, his insurer(s) or
CMS for purposes of complying with these paragraphs. Plaintiff and his counsel
understand that these conditions are a basis of the settlement and Plaintiff's counsel
agrees to the above terms. Plaintiff acknowledges that additional reimbursement may be
due to Medicare and as such remain obligated to Medicare for any such additional
payments. Plaintiff agrees to hold harmless and indemnify the Defendant(s) and
(his/her/their)insurers, including their own negligence, from and against any and all liens,
interest, damages, including costs and attorney's fees, for Plaintiff's failure to comply
with the terms of this release, for plaintiff's failure to reimburse Medicare or any
Medicare Advantage Organization (MAO) and for any action taken by Medicare to
determine the validity of this release, the validity of any reimbursement, the validity of
any lien or validity of any set aside (self allocated or otherwise).
12. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
114-1, 914"w ///
John C. Schiller, III, Plaintiff
STATE OF FLORIDA
COUNTY OF Q"Palm Beach
The foregoing instrument was acknowledged before me by means of physical
presence or V online notarization, this 20 day of Anrif , 2022, by John C. Schiller,
III.
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Signature of Notary Public -State of Florida
Lillianna Alrida Lee Garbaldo online Notary
(Print, Type, or Stamp Commissioners
Name of Notary Public)
Personally Known OR J Produced Identification
Type of Identification Produced: Driver's License
Signer's method of identification: mufti -factor authentication
Notarized online using audio -video communication
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AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
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Date:
Approved as to foryti and legality
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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William L. McDaniel, Jr., Chairperson
Date:
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