Agenda 06/14/2022 Item #16K7 (Settlement Agreement Case No. 21-CA-0072)06/14/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Marsha Sharkey and Anthony Sharkey v. Collier County Board of Commissioners,
(Case No. 21-CA-0072), now pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $44,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Marsha Sharkey and
Anthony Sharkey for the sum of $44,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a trip and fall accident that occurred on January 29,
2018, at the Marco Island Public Library. As a result of the accident, the Plaintiff sustained cephalgia /
post traumatic headaches, post concussive syndrome, and a permanent indentation in her forehead. Her
husband alleges loss of consortium.
The Plaintiff alleged total medical costs of $24,906.64. The Plaintiff’s pre-suit settlement demand was
$200,000. The parties commenced discovery. After extensive settlement negotiations and mediation, a
tentative settlement, contingent upon Board approval, was reached to resolve the lawsuit for $44,000.
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 $44,000.
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 $44,000 in the lawsuit styled Marsha
Sharkey and Anthony Sharkey v. Collier County Board of Commissioners, (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 A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Executed agreement_Redacted (PDF)
16.K.7
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06/14/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 22474
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Marsha Sharkey and Anthony Sharkey v. Collier County Board of
Commissioners, (Case No. 21-CA-0072), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $44,000.
Meeting Date: 06/14/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/06/2022 4:38 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/06/2022 4:38 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 06/06/2022 4:44 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 06/07/2022 8:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/07/2022 8:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2022 4:15 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/07/2022 5:45 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/08/2022 8:30 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/14/2022 9:00 AM
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Packet Pg. 2168 Attachment: Executed agreement_Redacted (22474 : Recommendation to approve a settlement agreement in Sharkey v. Collier County 21-CA-