Agenda 04/23/2024 Item #16K 7 (Settlement Agreement in the lawsuit Case #23-CA-1608)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Lisa Brink v. Collier County, Case No. 23-CA-1608, now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of $15,000.00.
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OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Lisa Brink for the sum of
$15,000.00 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an injury that occurred on July 8, 2020, when the Plaintiff fell as
she was rollerblading after traversing the pedestrian bridge at the Gordon River Greenway Park. The Plaintiff
suffered a fracture of her left wrist. The Plaintiff alleged that the County was negligent by failing to maintain the
path in a suitable condition; specifically, she claimed that the asphalt path upon exiting the bridge deck was
deteriorated and uneven which caused her fall. The County defended the claim based upon the County’s sovereign
immunity from such lawsuits and the Plaintiff’s comparative fault for failing to wear protective wrist guards when
rollerblading.
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 March 29, 2024, at which time the parties agreed to settle for $15,000.00 pending approval by
the Board of County Commissioners. The Plaintiff’s medical bills related to the fall totaled approximately
$27,000.00 to date with her personal medical insurer having a subrogation lien of approximately $15,000.00; thus,
the settlement represents only reimbursement of the Plaintiff’s’ paid medical expenses to date.
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 $15,000.00.
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 $15,000.00 in the lawsuit styled Lisa Brink v. Collier
County, (Case No. 23-CA-1608), 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 (PDF)
16.K.7
Packet Pg. 1600
04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 28462
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in
the lawsuit styled Lisa Brink v. Collier County, Case No. 23-CA-1608, now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $15,000.00.
Meeting Date: 04/23/2024
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
04/02/2024 9:30 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/02/2024 9:30 AM
Approved By:
Review:
Risk Management Michael Quigley Risk Department Review Completed 04/02/2024 11:42 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 04/16/2024 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 9:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 9:52 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 04/16/2024 4:35 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/17/2024 11:04 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.K.7
Packet Pg. 1601
16.K.7.a
Packet Pg. 1602 Attachment: Settlement Agreement (28462 : Settlement Agreement - Lisa Brink v. Collier County for the sum of $15,000.00)
16.K.7.a
Packet Pg. 1603 Attachment: Settlement Agreement (28462 : Settlement Agreement - Lisa Brink v. Collier County for the sum of $15,000.00)
16.K.7.a
Packet Pg. 1604 Attachment: Settlement Agreement (28462 : Settlement Agreement - Lisa Brink v. Collier County for the sum of $15,000.00)
16.K.7.a
Packet Pg. 1605 Attachment: Settlement Agreement (28462 : Settlement Agreement - Lisa Brink v. Collier County for the sum of $15,000.00)