Agenda 04/23/2024 Item #16K 6 (Settlement Agreement in the lawsuit Case #23-CA-894)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Carolina Gallego v. Collier County Board of County Commissioners, Case No. 23-CA-894, now pending
in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of
$75,000.
_______________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Carolina Gallego for the sum of
$75,000 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an injury that occurred on May 28, 2022, at the intersection of S.
1st Street and Main Street in Immokalee. 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 will be damages. The Plaintiff produced
documentation of a total of $169,695.98 in medical expenses related to the accident, including a C4 -6 anterior
cervical discectomy, decompression and insertion of artificial disc; anterior cervical discectomy, decompression,
and insertion of NuVasive Simplify total disc arthroplasty at C4-5/anterior cervical discectomy, decompression, and
insertion of NuVasive Simplify total disc arthroplasty at C5-6, as well as 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 court-ordered hybrid mediation/non-binding arbitration was
held on March 12, 2024, which resulted in a recommended award for the Plaintiff in the amount of $150,000
including Plaintiff’s past and future medical expenses in the amount of $50,000, and pain and suffering in the
amount of $100,000. A Motion for Trial de Novo was filed by the County with the Court on March 19, 2024.
Settlement negotiations continued and a tentative settlement, contingent upon Board approval, was reached to
resolve the lawsuit for $75,000.
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 would exceed
the tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 5016, Property & Casualty Insurance Fund and the
total impact will be $75,000.
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 $75,000.00 in the lawsuit styled Carolina Gallego v. Collier
County Board of County Commissioners, (Case No. 23-CA-894), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Michael Quigley, Director Risk Management Division
Ronald T. Tomasko, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement - Gallego (PDF)
16.K.6
Packet Pg. 1594
04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 28537
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in
the lawsuit styled Carolina Gallego v. Collier County Board of County Commissioners, Case No. 23 -CA-894, now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of
$75,000.
Meeting Date: 04/23/2024
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
04/10/2024 8:02 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/10/2024 8:02 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 04/10/2024 8:14 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 04/10/2024 8:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/10/2024 9:06 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/10/2024 9:26 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 04/15/2024 9:03 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/16/2024 10:24 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.K.6
Packet Pg. 1595
16.K.6.a
Packet Pg. 1596 Attachment: Settlement Agreement - Gallego (28537 : Settlement Agreement in the lawsuit styled Carolina Gallego v. Collier County BCC)
16.K.6.a
Packet Pg. 1597 Attachment: Settlement Agreement - Gallego (28537 : Settlement Agreement in the lawsuit styled Carolina Gallego v. Collier County BCC)
16.K.6.a
Packet Pg. 1598 Attachment: Settlement Agreement - Gallego (28537 : Settlement Agreement in the lawsuit styled Carolina Gallego v. Collier County BCC)
16.K.6.a
Packet Pg. 1599 Attachment: Settlement Agreement - Gallego (28537 : Settlement Agreement in the lawsuit styled Carolina Gallego v. Collier County BCC)