Agenda 06/25/2024 Item #16K 2 (To execute a Settlement Agreement in the lawsuit styled Willguez Milfort v. Collier County, (Case No. 23-CA-984)06/25/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Willguez Milfort v. Collier County, (Case No. 23-CA-984), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $36,000.00.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Willguez Milfort for the sum of
$36,000.00 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on October 20, 2022, at or near the
intersection of Golden Gate Pkwy. and Santa Barbara Blvd., Naples, 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 will be
damages. The Plaintiff produced documentation of a total of $31,396.00 in medical expenses related to the
accident which included an emergency room visit, CT imaging of his cervical and thoracic spine, physical
therapy/chiropractic care, as well as surgical consultations.
The Plaintiff’s pre-suit settlement demand was the statutory maximum amount of $200,000.00 premised on, among
other things, a lower back injury requiring ongoing medical care. The parties commenced discovery and
depositions were taken. A Court Ordered hybrid mediation/non-binding arbitration was held on June 4, 2024, which
produced a settlement of $36,000.00, contingent upon 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, the litigation costs and the
Plaintiff’s potential future medical expenses 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 $36,000.00.
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 $36,000.00 in the lawsuit styled Willguez Milfort v. Collier
County, (Case No. 23-CA-984), 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- Milfort 062524 (PDF)
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06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 29079
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Willguez Milfort v. Collier County, (Case No. 23-CA-984), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $36,000.00.
Meeting Date: 06/25/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/05/2024 2:51 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/05/2024 2:51 PM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 06/05/2024 2:53 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 06/05/2024 2:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2024 2:58 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 06/07/2024 1:41 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 06/07/2024 3:59 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 7:43 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
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Packet Pg. 1808 Attachment: Settlement Agreement- Milfort 062524 (29079 : Approval of settlement in Willguez Milfort v. Collier County 23-CA-984)
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Packet Pg. 1809 Attachment: Settlement Agreement- Milfort 062524 (29079 : Approval of settlement in Willguez Milfort v. Collier County 23-CA-984)
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Packet Pg. 1810 Attachment: Settlement Agreement- Milfort 062524 (29079 : Approval of settlement in Willguez Milfort v. Collier County 23-CA-984)
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Packet Pg. 1811 Attachment: Settlement Agreement- Milfort 062524 (29079 : Approval of settlement in Willguez Milfort v. Collier County 23-CA-984)