Agenda 05/24/2022 Item #16K 5 (Settlement Offer - Case #21-CA-0072 Sharkey)05/24/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the County Attorney’s Office to file an Offer of
Judgment (settlement offer) to Plaintiffs Marsha Sharkey and Anthony Sharkey in the
lawsuit styled Marsha Sharkey and Anthony Sharkey v. Collier County (Case No. 21-CA-
0072), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida.
______________________________________________________________________________
OBJECTIVE: To seek Board authorization to file an Offer of Judgment, pursuant to Florida
Statute 768.79, to Marsha Sharkey for $25,000 and Anthony Sharkey for $2,500 to resolve the
pending lawsuit.
CONSIDERATIONS: This lawsuit arises out of a trip and fall accident that occurred on
January 29, 2018, at the Marco Island Library. Marsha Sharkey fell on the curb leading to the
entrance of the Library allegedly due to dim lighting as two light poles were knocked down
during Hurricane Irma. The Plaintiff has alleged facial scarring and a concussion due to the fall
and has medical expenses totaling $28,217.64; however, the Plaintiff’s medical bills were mostly
paid by Medicare. Based upon the Medicare payments, the County Attorney’s Office anticipates
the Court will reduce the claimed medical expenses to approximately $7,228.14.
The Plaintiff, Marsha Sharkey, has alleged injuries due to the fall and her husband has sued the
County for loss of consortium.
The Parties attended Mediation and reached impasse. It is the County Attorney and Risk
Management Department’s position that this Offer for Judgment is reasonable given the type of
injuries alleged, and cost of defense through trial, including exhibit preparation, medical expert
retention and doctor depositions.
If the County succeeds in obtaining a verdict of at least 25 percent less than the amounts offered,
the Plaintiffs could be responsible under Florida law for costs and legal fees from the date the
Offer for Judgments were filed through verdict.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance fund and the total impact will be $27,500.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To authorize the County Attorney’s Office to file an Offer of
Judgment to Plaintiffs Marsha Sharkey and Anthony Sharkey, in the amounts set forth above, in
the lawsuit styled Marsha Sharkey and Anthony v. Collier County (Case No. 21-CA-0072) now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Offer of Judgment - M. Sharkey (PDF)
2. Offer of Judgment - A. Sharkey (PDF)
16.K.5
Packet Pg. 1445
05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 22124
Item Summary: Recommendation to approve and authorize the County Attorney’s Office to file
an Offer of Judgment (settlement offer) to Plaintiffs Marsha Sharkey and Anthony Sharkey in the lawsuit
styled Marsha Sharkey and Anthony Sharkey v. Collier County (Case No. 21 -CA-0072), now pending in
the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
Meeting Date: 05/24/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
05/03/2022 2:16 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/03/2022 2:16 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 05/03/2022 2:28 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 05/16/2022 2:42 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/16/2022 2:47 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 05/16/2022 2:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2022 2:59 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/17/2022 9:41 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.K.5
Packet Pg. 1446
16.K.5.a
Packet Pg. 1447 Attachment: Offer of Judgment - M. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))
16.K.5.a
Packet Pg. 1448 Attachment: Offer of Judgment - M. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))
16.K.5.a
Packet Pg. 1449 Attachment: Offer of Judgment - M. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))
16.K.5.b
Packet Pg. 1450 Attachment: Offer of Judgment - A. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))
16.K.5.b
Packet Pg. 1451 Attachment: Offer of Judgment - A. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))
16.K.5.b
Packet Pg. 1452 Attachment: Offer of Judgment - A. Sharkey (22124 : authorizing Offer of Judgement in Sharkey v. Collier County (Case No. 21-CA-0072))