Agenda 04/09/2024 Item #12A (Settlement Agreement between Aaron Oldfield v. Collier County) (2)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
April 9, 2024
Move Item 16H3 to 4C: Proclamation designating April 2024 as Autism Acceptance Month in Collier County.
To be accepted by delivered to Stephanie Nordin, Founder & President of Autism Collier Inc. (Commissioner
Hall’s and Commissioner McDaniel’s Separate Requests)
Move Item 16K3 to 12A: Recommendation to approve and authorize the Chair to execute a Settlement Agreement
in the lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. (Commissioner
McDaniel’s Request)
Notes: The companion listings for items 9A & 9B should reference each other rather than how they are currently
listed.
The correct updated resolution for Item 17C was uploaded as a linked file after the agenda was published, on the
afternoon of April 4th. This updated resolution can be found in a linked file named "Resolution - 031524
(Correct)".
TIME CERTAIN ITEMS:
4/9/2024 8:47 AM
04/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Aaron Oldfield for the sum of
$130,000.00 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on September 16, 2020, at the
intersection of Colonial Blvd. with Ben C. Pratt/Six Mile in Ft. Myers, Florida. The Plaintiff was rear-ended in a
motor vehicle collision caused by a County employee authorized to drive a County vehicle. Accordingly, the
County does not have a liability or comparative fault defense available to it and the only issue before a jury wil l be
damages. The Plaintiff produced documentation of a total of $193,875.80 in medical expenses related to the
accident including an anterior cervical discectomy and fusion at C5-6 and C6-7 and follow up care.
The Plaintiff’s pre-suit settlement demand was the statutory maximum amount of $200,000. The parties
commenced discovery and depositions were taken. A hybrid mediation/non-binding arbitration required by the
Court, was held on February 14, 2024, which produced a recommended award for the Plaintiff past net medical
expenses of $137,115.15, $5,000 for past pain and suffering and $2,884.85 for future pain and suffering for a total
of $145,000. A Motion for Trial de Novo was filed by the County with the Court on March 21, 2024. Settlement
negotiations continued and a tentative settlement, contingent upon Board approval, was reached to resolve the
lawsuit for $130,000.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable. Should the case proceed with additional expert depositions and trial, the litigation costs and the
Plaintiffs medical expenses would exceed the tentative settlement amount.
FISCAL IMPACT: Funds for the settlement, in the amount of $130,000, are 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. - RTT
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the Chairman to
execute the attached Settlement Agreement for the total sum of $130,000 in the lawsuit styled Aaron Oldfield v.
Collier County, (Case No. 22-CA-1851), 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
Michael Quigley, Division Director-Risk Management
ATTACHMENT(S)
1. Settlement Agreement Oldfield 040924 (PDF)
16.K.3
Packet Pg. 1310
04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 28416
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000.
Meeting Date: 04/09/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
03/25/2024 8:37 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/25/2024 8:37 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 03/25/2024 8:51 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 03/27/2024 10:48 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/27/2024 12:24 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/28/2024 9:55 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 04/03/2024 8:30 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/03/2024 10:20 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
16.K.3
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16.K.3.aPacket Pg. 1312Attachment: Settlement Agreement Oldfield 040924 (28416 : Approve and authorize the Chair to execute settlement agreement in Aaron Oldfield
16.K.3.aPacket Pg. 1313Attachment: Settlement Agreement Oldfield 040924 (28416 : Approve and authorize the Chair to execute settlement agreement in Aaron Oldfield
16.K.3.aPacket Pg. 1314Attachment: Settlement Agreement Oldfield 040924 (28416 : Approve and authorize the Chair to execute settlement agreement in Aaron Oldfield
16.K.3.aPacket Pg. 1315Attachment: Settlement Agreement Oldfield 040924 (28416 : Approve and authorize the Chair to execute settlement agreement in Aaron Oldfield