Agenda 10/24/2023 Item #16K5 (Approve the settlement in the lawsuit filed by Martin Nestares)10/24/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Martin Nestares as Parent and Legal Guardian of Francisco Nestares, a minor v. Collier County, Florida
and EBL Partners, LLC., (Case No. 22-CA-973), 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 Martin Nestares as Parent and
Legal Guardian of Francisco Nestares, a minor.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on December 30, 2019, at the Golden
Gate Community Park floating dock. The Plaintiff alleged that his two-year-old child was walking down the boat
ramp with his hand on the railing. The ramp shifted from a wave in the water and the railings of the floating dock
crushed the minor child’s finger. The minor child suffered the amputation of the tip of his right middle finger and
loss of nail. Plaintiff presented to the emergency room at North Collier Hospital and his son received treatment.
Minor child followed up with emergency medical treatment and orthopedic specialists.
The Plaintiff’s past medical expenses totaled $4,223.19. The Plaintiff’s pre-suit settlement demand was $200,000.
The parties commenced discovery and after extensive settlement negotiations, a tentative settlement contingent
upon Board approval, was reached to resolve the lawsuit for $25,000.
The Plaintiff sued both the County and EBL Partners, the contractor who performed Hurricane Irma repairs to the
floating dock. EBL Partners settled their portion of the lawsuit for $27,500. EBL Partners was hired to reset the
railing following Hurricane Irma; however, due to the nature of the damages to the alignment of the floating dock
itself, which were not included in the EBL Partners’ scope of repair, the dock was ultimately replaced in i ts entirety
following the incident in question.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable as a better result is not expected a trial due to the costs associated with a jury trial.
FISCAL IMPACT: Funding for the settlement, in the amount of $25,000, is budgeted and available within
Property & Casualty Insurance Fund (5016).
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 $25,000 in the lawsuit styled Martin Nestares as Parent and
Legal Guardian of Francisco Nestares, a minor v. Collier County Board of Commissioners, (Case No. 22-CA-973),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement-Nestares (PDF)
16.K.5
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10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 26919
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Martin Nestares as Parent and Legal Guardian of Francisco Nestares, a minor v. Collier County,
Florida and EBL Partners, LLC., (Case No. 22-CA-973), 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: 10/24/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
10/11/2023 10:25 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/11/2023 10:25 AM
Approved By:
Review:
Risk Management Michael Quigley Additional Reviewer Completed 10/11/2023 11:05 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 10/11/2023 11:11 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2023 11:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 11:25 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/13/2023 4:06 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 10/15/2023 8:10 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
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16.K.5.aPacket Pg. 1837Attachment: Settlement Agreement-Nestares (26919 : Approve settlement agreement in Martin Nestares et al. v. Collier County et al. Case No.
16.K.5.aPacket Pg. 1838Attachment: Settlement Agreement-Nestares (26919 : Approve settlement agreement in Martin Nestares et al. v. Collier County et al. Case No.
16.K.5.aPacket Pg. 1839Attachment: Settlement Agreement-Nestares (26919 : Approve settlement agreement in Martin Nestares et al. v. Collier County et al. Case No.
16.K.5.aPacket Pg. 1840Attachment: Settlement Agreement-Nestares (26919 : Approve settlement agreement in Martin Nestares et al. v. Collier County et al. Case No.