Agenda 06/13/2023 Item #16K7 (Approve settlement in the lawsuit filed by Regina Panasuk and Robert Catapano-Freidman for $25,000 and execute Settlement Agreement)16. K.7
06/13/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Regina Panasuk and Robert Catapano-Freidman v. Collier County Board of Commissioners, (Case No.
23-CA-332), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $25,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Regina Panasuk and Robert
Catapano-Freidman for the sum of $25,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a trip and fall accident that occurred on June 12, 2021, on the
asphalt sidewalk near 6556 Ridgewood Road in Pelican Bay. As a result of the accident, the Plaintiff sustained
injuries to her right wrist and hand and lower back pain. Her husband alleges loss of consortium.
The Plaintiff alleged total medical costs of $16,135.96. 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 $25,000.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable. Should the case proceed with additional depositions, expert examinations, 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 $25,000.
C 111i.VM I : NOV 1FROW i 1107 11leo r 1u 17Ti1111so�
LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney, is approved as
to form and legality and requires 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 $25,000 in the lawsuit styled Regina Panasuk and Robert
Catapano-Freidman v. Collier County Board of Commissioners, (Case No. 23-CA-332), 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 Panasuk (PDF)
Packet Pg. 1691
16. K.7
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doe ID: 25574
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Regina Panasuk and Robert Catapano-Freidman v. Collier County Board of Commissioners, (Case
No. 23-CA-332), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $25,000.
Meeting Date: 06/13/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
05/18/2023 3:08 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
05/18/2023 3:08 PM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
Board of County Commissioners
County Manager's Office
Michael Quigley Additional Reviewer
Colleen Kerins Level 2 Attorney Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Blanca Aquino Luque Additional Reviewer
Geoffrey Willig Meeting Pending
Amy Patterson Level 4 County Manager Review
Completed
05/18/2023 4:31 PM
Completed
05/22/2023 9:45 AM
Completed
05/22/2023 11:40 AM
Completed
05/26/2023 4:14 PM
Completed
05/31/2023 12:00 PM
06/13/2023 9:00 AM
Completed
06/05/2023 10:02 AM
Packet Pg. 1692
16. K.7.a
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this day of , 2023, by and between
REGINA PANASUK and ROBERT CATAPANO-FRIEDMAN, hereinafter referred to
as "Plaintiffs," and COLLIER COUNTY, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Plaintiffs 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 Regina Panasuk
and Robert Catapano-Friedman v. Collier County, Case No. 23-CA-332 (hereinafter referred to
as the "Lawsuit"); and
WHEREAS, Plaintiffs 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, Plaintiffs 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, Plaintiffs and
County agree as follows:
1. Plaintiffs 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-five thousand dollars and 00/100 ($25,000.00), of which
$24,000.00 to Plaintiff, Regina Panasuk, for her negligence claim, and $1,000.00 to Plaintiff,
Robert Catapano-Friedman, for the loss of consortium claim, and other valuable consideration,
the receipt and adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs agree to
dismiss the Lawsuit with Prejudice.
[23-CA-332/1792010/ I ] 1
Packet Pg. 1693
16.K.7.a
3. 1n consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiffs, on behalf of
themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns,
hereby expressly 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 she 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, Plaintiffs 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. Plaintiffs 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. Plaintiffs 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 Plaintiffs or the County.
7. Plaintiffs 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, Plaintiffs and the County
agree that all underlying causes of action or claims of Plaintiffs have been extinguished by this
[23-CA-332/ 1792010/ 1 ] 2
Packet Pg. 1694
16. K.7.a
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, Plaintiffs and the
County further agree that the sole venue for any such action shall be in the Twentieth Judicial
Circuit in and for Collier County, Florida.
10. Plaintiffs agree 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 Plaintiffs brought or could have brought in the subject Lawsuit. The Plaintiffs agree to be
solely responsible for complete payment all other obligations out of the settlement proceeds,
including any future medical bills.
11. The Plaintiffs hereby agree 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.
As a condition of and to induce settlement, the Defendant(s) and (their/its) insurer(s) have
requested and Plaintiffs 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, Regina
Panasuk, will do the following:
I. 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
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
Medicare Health Insurance Claim Number (HICN). Provision of this information is a
[23-CA-332/ 1792010/ 1 ] 3
Packet Pg. 1695
16.K.7.a
condition of settlement and spaces are provided at the end of the release for compliance.
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
insurer with respect to such reporting. The parties agree that any present or future action
or decision by Medicare on this settlement or Plaintiffs eligibility or entitlement to
Medicare benefits in the future, will not render this release void or ineffective, or in any
way affect the finality of this settlement. Plaintiff agrees the following information may
be reported to Medicare:
FULL NAME ON SOCIAL SECURITY CARD:
SOCIAL SECURITY NUMBER:
DATE OF BIRTH:
GENDER:
MEDICARE HEALTH INSURANCE CLAIM NUMBER (HICN
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; (iii)
fully paid and satisfied the Medicare lien; and (iv) obtained proof of iii by faxing
Defendant(s) the Final Payment, Reimbursement and Recovery Demand Letter. Plaintiff
agrees that the released parties may elect to pay CMS or MAO lien directly from the
settlement funds. PIaintiff acknowledges CMS may charge interest on any additional
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.
4. Cooperation And Indemnity: Plaintiff and her 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.
I23-CA-332/ 1792010/ 11
4
N
M
M
a
U
A
N
6
z
as
N
R
U
c
3
0
U
d
6
U
Packet Pg. 1696
Plaintiff agrees to execute any authorizations required by Defendant, her insurer(s) or
CMS for purposes of complying with these paragraphs. Plaintiff and her counsel
understand that these conditions are a basis of the settlement and Plaintiffs 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 Plaintiffs failure to comply
with the terms of this release, for plaintiffs 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).
I2. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiffs and the County have signed and sealed this
Agreement and Release as set forth below,
Regina Panasuk, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization, this 1-7 k' day of C , 2023, by R gina P nasuk.
(Signature o No P blic-State of Florida
(Print, Type, or Stamp Commissioners
Name of Notary Public)
_ Personally Known OR )( Produced Identification FEF4Rip
Type of Identification Produced: t,�btA'q'•y.;�t
F
: bA�r Como. no osc. aQ. aoate
!#I WW4
[23-CA-332/179201 0/1 ]
Packet Pg. 1697
16. K.7.a
N
M
M
Q
U
M
N
O
Z
d
N
cc
U
c
O
// U
By: ~i is �� ,. — t h� / `� T
Robert Catapano- riedman, PI/in-tiff °
U
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was ackn-o�(loged
presence or online notarization this ) t `da
Catapano-Friedman.
y
before me by means of ' `- physical
of a 2023, by Robert
(Signature of tary I'll lic-State of Florida
C'-'Z- e
(Print, Type, or Stamp Commissior.�,•
Name of Notary Public) gRREI,r�'�t
— Personally Known ORI Produced Identification
P � -D-"
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
By:
Date:
Approved as form and legality
Colleen A. Kerins
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairperson
Date:
Packet Pg. 1698