Agenda 07/09/2024 Item #16K1 (Approve and authorize the settlement in the lawsuit filed by Elizabeth Marx v. Collier County, Case No. 24-CA-1039, for the sum of $10,000.)07/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Elizabeth Marx v. Collier County, Case No. 24-CA-1039, now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $10,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Elizabeth Marx for the sum of
$ 10,000 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an injury that occurred on May 23, 2020, when the Plaintiff
alleges that she tripped and fell on a 3/4 of an inch deviation between two sidewalk panels near the intersection of
Regent Circle and Erick Lake Drive. The Plaintiff suffered a fractured nose, ligament sprain of her thoracic spine,
as well as facial lacerations and bruising. The Plaintiff alleged that the County was negligent by failing to maintain
the sidewalk in a suitable condition. The County defended the claim based upon the County's sovereign immunity,
as well as the Plaintiff s comparative fault for failing to pay attention to where she was walking.
The Plaintiff s pre -suit settlement demand was in the amount of $150,000. On June 17, 2024, the Plaintiff reduced
her settlement demand to $15,000. The Plaintiff s medical bills total approximately $13,000, with the Plaintiff s out
of pocket payments totaling approximately $8,000. The parties agreed to settle for $10,000, pending approval by
the Board of County Commissioners.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable. Should the case proceed, we will have to conduct discovery, have the Plaintiff examined by a
physician, and ultimately, participate in a court -ordered mediation/arbitration. The litigation costs to the County in
defending the claim would exceed the tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available Property & Casualty Insurance Fund (5016), and the total
impact will be $ 10,000.
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 $10,000 in the lawsuit styled Elizabeth Marx v. Collier
County, (Case No. 24-CA-1039), 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. Executed Settlement Agreement (PDF)
Packet Pg. 906
07/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16K.1
Doe ID: 28761
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in
the lawsuit styled Elizabeth Marx v. Collier County, Case No. 24-CA- 103 9, now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $ 10,000.
Meeting Date: 07/09/2024
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
05/01/2024 10:20 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
05/01/2024 10:20 AM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Quigley Other Reviewer
Ronald Tomasko Other Reviewer
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson OMB Reviewer
Ed Finn Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
06/28/2024 11:46 AM
Completed
06/28/2024 11:48 AM
Completed
06/28/2024 11:51 AM
Completed
06/28/2024 12:33 PM
Completed
07/01/2024 3:16 PM
Completed
07/02/2024 4:49 PM
07/09/2024 9:00 AM
I Packet Pg. 907 1
SETTLEMENT AGREEMENT
TFIIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is 0
0
entered into and made on this day of 2024, by and between Elizabeth
Marx, hereinafter referred to as "Plaintiff," and COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, in the case styled Elizabeth Marx v.
Collier County Board of Commissioners, et al. Case No. 24-CA-1039 (hereinafter referred to as
the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, accrued or unaccrued, to the incidents
described or allegations made in the complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex -employees, agents, attorneys, representatives, insurers of the County, successors,
assigns, heirs, departments, and agencies.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and
County agree as follows:
Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses," by reference into this Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in
consideration of the sum of ten thousand dollars and no cents ($10,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with Prejudice as it relates to the County.
3. in consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of
herself, her attorneys, agents, representatives, heirs, successors and assigns, hereby expressly
[24-CA-1039/1873930/1] I
I Packet Pg. 908 1
releases and forever discharges the County, as well as its owners, principals, elected officials,
officers, employees, ex -employees, agents, attorneys, contractors, representatives, successors,
assigns, insurers of the County, heirs, departments, and agencies, from any and all claims,
demands, causes of actions, damages, costs, liens, attorney's fees, expenses, medical bills and
obligations of any kind or nature whatsoever, that she has asserted or could have asserted in the
Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, accrued or
unaccrued, known or unknown, to the Lawsuit or any incident, event or allegation referred to in
the complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiff and the County agree that either of them (as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the fight to enforce the
terms and conditions of this Agreement.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, elected officials, officers,
employees, ex -employees, agents, attorneys, representatives, insurers of the County, successors,
assigns, and heirs.
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure, on the part of either Plaintiff or the County.
7. Plaintiff and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. in the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff against the County have been
extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be
for specific performance of the terms and conditions of this Agreement. In this regard, Plaintiff
[24-CA-1039/1873930/1] 2
I Packet Pg. 909 1
and the County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. Plaintiff agrees to use the proceeds of the settlement funds for the payment and
satisfaction of all liens, past and future medical bills, attorney fees, and all other expenses, costs,
debts, or losses whatsoever, arising out of or in any way connected to the incident described in
the Lawsuit, which Plaintiff brought or could have brought in the subject Lawsuit. The Plaintiff
agrees to be solely responsible for complete payment of all other obligations out of the
settlement proceeds, including any future medical bills.
11. The Plaintiff hereby agrees to indemnify and hold harmless the County from any
and all claims and/or liens and/or subrogated. interests, including but not limited to worker's
compensation liens, health insurance liens, Medicaid / Medicare liens, Social Security and any
and all attorney's liens and charging liens herein.
12. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
STATE OF FLORIDA
COUNTY OF COLLIER
By.
Eliza��, Plaintiff
The foregoing instrument was acknowledged before me by means of / physical
presence or online notarization, this Zirday of S u r\ e, � 2024, by Elizabeth Marx.
YADIANIS LARA
-V,
Notary Public, State of Florida
F Commission No. HH 501872
my Comm. Exp. Mar. 10. 20;8
it I r)V1,-A Vt�_L
(Signature- �f Nothry Public -State of Florida
L(, C, V eL
(Print, type, or Stamp Commissioners
Name of Notary Public)
NlC Personally Known OR Produced Identification
Type of Identification Produced:
[24-CA-1039/1873930/1]
3
I Packet Pg. 910 1
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
Un
Date:
Approved as to form and legality
Ronald T. Tomasko
Assistant County Attorney
[24-CA-1039/1873930/1]
BOARD OF COUNTY CONMSSIONERS
OF COLLIER COUNTY, FLORIDA
LIM
Chris Hall, Chairperson
Date:
00
N-
I Packet Pg. 911 1