Agenda 04/09/2024 Item #16K 2 (Execute a Settlement Agreement in the lawsuit styled Carla Davis v. Collier County Board of Commissioners)04/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Carla Davis v. Collier County Board of Commissioners, et. al., (Case No. 23-CA-1105), now pending in
the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $9,500.
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OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Carla Da vis for the sum of
$9,500 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a slip and fall that occurred on May 30, 2022, when the Plaintiff
fell as she exited the pool at the Sun-N-Fun Lagoon, when the drain cover gave way. The Plaintiff suffered an
aggravation of an existing shoulder injury. The Plaintiff alleged that the County was negligent by failing to inspect
the area around the pool for faulty or defective drain covers. The County defend ed the claim based upon the
Plaintiff’s comparative fault by failing to exercise care when exiting the pool.
The Plaintiff’s medical insurers paid less than $2,000 in medical expenses. The Plaintiff’s initial settlement
demand was $50,000. The parties commenced discovery and reached a tentative settlement to resolve the lawsuit
for $9,500, subject to approval by the Board of County Commissioners.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable since while the County has multiple viable defenses to the Plaintiff’s claims, the cost for the County to
obtain an expert witness in the field of orthopedics, as well as the cost of mandatory mediation and arbitration, will
far exceed the settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 5016, Property & Casualty Insurance Fund and the
total impact will be $9,500.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. - RTT
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the Chairman to
execute the Settlement Agreement for the total sum of $9,500 in the lawsuit styled Carla Davis v. Collier County
Board of Commissioners, et. al., (Case No. 23-CA-1105), 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 (PDF)
16.K.2
Packet Pg. 1304
04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 28413
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Carla Davis v. Collier County Board of Commissioners, et. al., (Case No. 23-CA-1105), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of
$9,500.
Meeting Date: 04/09/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/21/2024 11:52 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/21/2024 11:52 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 03/21/2024 11:59 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 03/21/2024 1:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/21/2024 1:28 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/22/2024 8:07 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 03/29/2024 10:14 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/03/2024 10:21 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
16.K.2
Packet Pg. 1305
16.K.2.a
Packet Pg. 1306 Attachment: Settlement Agreement (28413 : Settlement Agreement - Carla Davis v. BCC)
16.K.2.a
Packet Pg. 1307 Attachment: Settlement Agreement (28413 : Settlement Agreement - Carla Davis v. BCC)
16.K.2.a
Packet Pg. 1308 Attachment: Settlement Agreement (28413 : Settlement Agreement - Carla Davis v. BCC)
16.K.2.a
Packet Pg. 1309 Attachment: Settlement Agreement (28413 : Settlement Agreement - Carla Davis v. BCC)