Agenda 07/09/2024 Item #16K2 (Approbe and authorize the settlement in the lawsuit filed by Patrick Klima for the sum of $75,000 and authorize (Case No. 22-CA-2166) )07/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Patrick Klima v. Collier County, (Case No. 22-CA-2166), 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 Patrick Klima for the sum of
$75,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on April 14, 2022, at or near the
intersection of Pine Ridge Road and Naples 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 $91,892 in medical expenses related to the accident which included
C spine x-ray and a lumbar MRI, physical therapy/chiropractic care, injection therapy for pain as well as two radio
frequency ablations of the nerves in his lower back.
The Plaintiffs pre -suit settlement demand was the statutory maximum amount of $200,000 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 February 22, 2024,
after which an arbitration award was filed with the Court awarding the Plaintiff a total of $175,000 in damages
consisting of $85,000 in past and future medical expenses, $50,000 for past pain and suffering and $40,000 for
future pain and suffering. A Motion for Trial de Novo was filed by the County with the Court on March 26, 2024.
Settlement negotiations continued and a tentative settlement, contingent upon Board approval, was reached to
resolve the lawsuit for $75,000, 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
Plaintiffs potential past and future medical expenses along with any pain and suffering award would exceed the
tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Property & Casualty Insurance Fund (5016), 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 in the lawsuit styled Patrick Klima v. Collier
County, (Case No. 22-CA-2166), 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 Klima 070924 (PDF)
I Packet Pg. 912
07/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doe ID: 29166
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Patrick Klima v. Collier County, (Case No. 22-CA-2166), 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: 07/09/2024
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
06/25/2024 2:01 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/25/2024 2:01 PM
Approved By:
Review:
Risk Management
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Quigley Other Reviewer
Ronald Tomasko Level 2 Attorney of Record Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor Level 3 OMB Gatekeeper Review
Christopher Johnson OMB Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
06/25/2024 2:23 PM
Completed
06/25/2024 2:30 PM
Completed
06/25/2024 3:06 PM
Completed
06/26/2024 8:31 AM
Completed
07/01/2024 3:21 PM
Completed
07/02/2024 5:20 PM
07/09/2024 9:00 AM
I Packet Pg. 913 1
DocuSign Envelope ID: 3Al2AC48-8669-4E59-A56C-658B75OC1776
SETTLEMENT AGREEMENT
TfIIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this day of , 2024 by and between PATRICK
KLIMA, hereinafter referred to as "Plaintiff," and COLLIER COUNTY, FLORIDA, hereinafter
referred to as "Defendant."
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 Patrick Klima v.
Collier County, Case No. 22-CA-2166 (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the Defendant, 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 Defendant desire to reduce the settlement to writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex -employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
departments, agencies and affiliates.
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
Defendant agree as follows:
I . Plaintiff and the Defendant 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 seventy-five thousand dollars and no cents ($75,000.00) 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 Defendant.
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
himself, his attorney, agents, representatives, heirs, successors and assigns, hereby expressly
releases and forever discharges the Defendant, as well as its owners, principals, elected officials,
[22-CA-2166/1872154/1 ] I
I Packet Pg. 914 1
DocuSign Envelope ID: W 2AC48-8669-4E59-A56C-658B75DC1 776
officers, employees, ex -employees, agents, attorneys, representatives, successors, assigns,
insurers, heirs, departments, agencies and affiliates, 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 he 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 Defendant 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 right to enforce the
terms and conditions of this Agreement.
5. Plaintiff and the Defendant 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, successors,
assigns, heirs, and affiliates.
6. Plaintiff and the Defendant 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 Defendant.
7. Plaintiff and the Defendant 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 fonnalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the Defendant
agree that all underlying causes of action or claims of Plaintiff 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 and the
Defendant 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.
[22-CA-2166/1872154/1 ] 2
I Packet Pg. 915
DocuSign Envelope ID: 3Al2AC48-8669-4E59-A56C-658B75DC1776
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.
It. The Plaintiff hereby agrees to indemnify and hold harmless the Defendant 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 Defendant have signed and sealed this
Agreement and Release as set forth below.
By: edyi& �6&
Patrick Klima, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of _ physical
presence or online notarization, this CLS day of SuAe, , 2024, by Patrick Klima.
�SignaturLaf*Notary Public -State of Florida
/;3 (J / -Y. /v_0 � PC,
(Print, Type, or Stamp Commissioners
Name of Notary Public)
Personally Known OR, --� Produced Identification
Type of Identification Produced: trtimj 2rr4sc.
[22-CA-2166/1872154/1 ]
3
PAUL J. NEIRA
Commissicr # HH 247996
Expires March 31, 2026
I Packet Pg. 916
DocuSIgn Envelope 10: 3Al2AC48-8669-4ES9-A56C-658B75DCi776
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
0
Date:
A pyq ed to form and legality
p VRc a S
Ronald T. Tomasko
Assistant County Attorney
[22-CA-2166/18721541 I ]
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
Date:
Chris Hall, Chairperson
I Packet Pg. 917 1