BCC Agenda 07/23/2024 Item #16K 1 (Settlement Agreement for an accident where Linda Oneski alleges that she tripped and fell on the sidewalk)07/23/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit
styled Linda Oneski v. Collier County, (Case No. 23-CA-557), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $15,145.10.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Linda Oneski for the sum of
$15,145.10 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on November 20, 2022, at or near 9
West Pelican Street, Isles of Capri, in Collier County 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 went to Physicians Regional Hospital on Collier Boulevard where she was
treated for abrasions to the right side of her face with a forehead hematoma, right knee pain and a bruised right
second toe. The Plaintiff had diagnostic testing consisting of x -rays of her right foot, ankle and knee and a CT of
her cervical spine, head, brain and maxillofacial. The Plaintiff claimed she broke her toe in the fall and also
suffered permanent nerve damage to her face.
The Plaintiff produced documentation of a total of $27,061.86 in medical expenses related to the accident which
consisted of an emergency room visit and follow up care with an orthopedic specialist.
The Plaintiff’s pre-suit settlement demand was the statutory maximum amount of $200,000.00. The parties
commenced discovery and depositions were taken. A Court Ordered hybrid mediation/non-binding arbitration was
held on April 15, 2024, after which an arbitration award was filed with the Court awarding the Plaintiff a total of
$83,143.92 in damages consisting of $33,143.92 in past and future medical expenses, $40,000.00 for past pain and
suffering and $10,000.00 for future pain and suffering. That amount was reduced after applying a comparative
negligence reduction to $24,943.17. The Arbitrator also questioned how much of the Plaintiff’s medical expenses
had been covered by Medicare. A Motion for Trial de Novo was filed by the County with the Court on May 16,
2024. Settlement negotiations continued and a tentative settlement was reached to resolve the lawsuit for
$15,145.10, 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, litigation costs and expenses to try
the case to verdict would exceed the tentative settlement amount.
FISCAL IMPACT: The total fiscal impact will be $15,145.10. Funds are budgeted and available Property &
Casualty Insurance Fund (5016).
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 $15,145.10 in the lawsuit styled Linda Oneski v. Collier
County, (Case No. 23-CA-557), 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 Oneski 072324 (PDF)
16.K.1
Packet Pg. 1521
07/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 29312
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in
the lawsuit styled Linda Oneski v. Collier County, (Case No. 23-CA-557), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $15,145.10.
Meeting Date: 07/23/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/02/2024 10:21 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2024 10:21 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 07/02/2024 11:00 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 07/02/2024 11:56 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2024 12:24 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2024 3:33 PM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 07/05/2024 8:32 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/12/2024 2:24 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM
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Packet Pg. 1523 Attachment: Settlement Agreement Oneski 072324 (29312 : Approve settlement agreement in Linda Oneski v. Collier County Case No. 23-CA-
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Packet Pg. 1524 Attachment: Settlement Agreement Oneski 072324 (29312 : Approve settlement agreement in Linda Oneski v. Collier County Case No. 23-CA-
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Packet Pg. 1525 Attachment: Settlement Agreement Oneski 072324 (29312 : Approve settlement agreement in Linda Oneski v. Collier County Case No. 23-CA-
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Packet Pg. 1526 Attachment: Settlement Agreement Oneski 072324 (29312 : Approve settlement agreement in Linda Oneski v. Collier County Case No. 23-CA-