Agenda 06/28/2022 Item #16K 1 (Settlement Agreement in lawsuit - Nunez & Matos)06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the
lawsuit styled Liliana Nunez and Norma Fajardo Matos v. Collier County Board of Commissioners,
(Case No. 20-CA-3298), now pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $33,750 to each Plaintiff.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Liliana Nunez and
Norma Fajardo Matos for the sum of $33,750 to each Plaintiff and authorize the Chair to execute the
Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a motor vehicle accident that occurred on October 11,
2018, at the intersection of Davis Blvd and County Barn Road when a Collier County maintenance truck
rear ended the Plaintiff’s vehicle.
As a result of the accident, the Plaintiff, Liliana Nunez, alleged to have sustained injuries to her back and
underwent one surgical procedure to her cervical spine. The Plaintiff, Norma Fajardo Matos, alleged to
have sustained injuries to her back and underwent two surgical procedures to her cervical spine and
lumbar spine.
Plaintiff Liliana Nunez alleged incurred medical costs of $204,118.04. Plaintiff Norma Fajardo Matos
alleged incurred medical costs of $305,054.02. The parties commenced discovery. After extensive
settlement negotiations a tentative settlement, contingent upon Board approval, was reached to resolve the
lawsuit for a total of $33,750 payable to each Plaintiff.
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 $67,500.
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 $33,750 to each Plaintiff in the
lawsuit styled Liliana Nunez and Norma Fajardo Matos v. Collier County Board of Commissioners,
(Case No. 20-CA-3298), 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-Nunez_Redacted (PDF)
2. Settlement Agreement-Matos_Redacted (PDF)
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06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 22528
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement in the lawsuit styled Liliana Nunez and Norma Fajardo Matos v. Collier County Board of
Commissioners, (Case No. 20-CA-3298), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $33,750 to each Plaintiff.
Meeting Date: 06/28/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/09/2022 11:55 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/09/2022 11:55 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 06/09/2022 12:40 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 06/10/2022 1:39 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/13/2022 12:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2022 1:26 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/18/2022 2:50 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/21/2022 11:12 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
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Packet Pg. 1783 Attachment: Settlement Agreement-Nunez_Redacted (22528 : Approve settlement agreements in Liliana Nunez and Norma Fajardo Matos Case
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Packet Pg. 1789 Attachment: Settlement Agreement-Matos_Redacted (22528 : Approve settlement agreements in Liliana Nunez and Norma Fajardo Matos Case
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Packet Pg. 1793 Attachment: Settlement Agreement-Matos_Redacted (22528 : Approve settlement agreements in Liliana Nunez and Norma Fajardo Matos Case
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Packet Pg. 1794 Attachment: Settlement Agreement-Matos_Redacted (22528 : Approve settlement agreements in Liliana Nunez and Norma Fajardo Matos Case