Agenda 06/25/2024 Item #16K 1 ( To execute a Settlement Agreement in the lawsuit styled Valegene Siravo v. Collier County, (Case No. 23-CA-478)06/25/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Valegene Siravo v. Collier County, (Case No. 23-CA-478), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $12,500.00.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Valegene Siravo for the sum of
$12,500.00 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on May 21, 2021, at or near 8994 Lely
Island Circle, Naples, Florida where the Plaintiff alleges that she tripped and fell on a deviation between two
sidewalk panels on a sidewalk owned and maintained by the County.
As a result of the accident, the Plaintiff was transported by ambulance to Physicians Regional Hospital on Collier
Boulevard where she was treated for a laceration to her left eyebrow area, abrasion to her right elbow and a bruised
left knee. The Plaintiff had diagnostic testing consisting of a computerized tomography scan (also called a CT
scan) of her head, face and her cervical spine.
The Plaintiff produced documentation of a total of $28,943.18 in medical expenses related to the accident which
consisted of, among other things, physical therapy, infrared therapy and surgery to her left eyebrow area as her
eyelid was damaged as a result of the fall as well as follow-up care.
The Plaintiff’s pre-suit settlement demand was the statutory maximum amount of $200,000.00 which was premised
on, among other things, permanent scarring above the Plaintiff’s left eye and ongoing left shoulder symptoms
requiring ongoing medical care. The parties commenced discovery and depositions were taken. A Court Ordered
hybrid mediation/non-binding arbitration was held on May 30, 2024, which produced a settlement of $12,500.00
subject to Board approval.
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, litigation costs and expenses to try
the case to verdict 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 $12,500.00.
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 $12,500.00 in the lawsuit styled Valegene Siravo v. Collier
County, (Case No. 23-CA-478), 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 Siravo 062524 (PDF)
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06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 29064
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Valegene Siravo v. Collier County, (Case No. 23 -CA-478), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $12,500.00.
Meeting Date: 06/25/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/05/2024 11:32 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/05/2024 11:32 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 06/05/2024 11:33 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 06/05/2024 3:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2024 3:54 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 06/07/2024 1:36 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 06/07/2024 4:48 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 7:41 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
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16.K.1.aPacket Pg. 1802Attachment: Settlement Agreement Siravo 062524 (29064 : Approval of settlement agreement in Valegene Siravo v. Collier County 23-CA-478)
16.K.1.aPacket Pg. 1803Attachment: Settlement Agreement Siravo 062524 (29064 : Approval of settlement agreement in Valegene Siravo v. Collier County 23-CA-478)
16.K.1.aPacket Pg. 1804Attachment: Settlement Agreement Siravo 062524 (29064 : Approval of settlement agreement in Valegene Siravo v. Collier County 23-CA-478)
16.K.1.aPacket Pg. 1805Attachment: Settlement Agreement Siravo 062524 (29064 : Approval of settlement agreement in Valegene Siravo v. Collier County 23-CA-478)