Agenda 09/10/2024 Item #16K5 (Approve the settlement in the lawsuit filed by Arnold Burchianti and Gloria Burchianti for the sum of $30,000 and authorize the Chair to execute the Settlement Agreement)16. K.5
09/10/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Arnold Burchianti and Gloria Burchianti v Collier County Board of Commissioners (Case No. 23-CA-
2254), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $30,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Arnold Burchianti and Gloria
Burchianti for the sum of $30,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of a trip and fall accident that occurred on 02/23/2021, when Mr.
Burchianti was entering the Property Appraiser's office and tripped on the sidewalk. Mr. Burchianti suffered a
knee injury which he claims permanently impairs him and otherwise impacts his quality of life. Mr. Burchianti
alleged that the County created a known inconspicuous hazard or trap by failing to adequately maintain specifically
the sidewalks in front of the Property Appraiser's office. The County defended the claim based upon sovereign
immunity and planning and discretionary decisions regarding sidewalk maintenance and improvements. Mr.
Burchianti's wife made a related claim for loss of consortium.
Mr. Burchianti's medical insurers paid a total of $30,734.68 in medical expenses. The Plaintiff's initial settlement
demand was $140,000. The parties commenced discovery. The parties participated in court ordered Mediation and
reached a tentative settlement to resolve the lawsuit for $30,000 subject to approval by the Board of County
Commissioners.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable since while the County has multiple viable defenses to the Plaintiff's claims, the cost for the County to
obtain expert witnesses in the field of neurology and orthopedics will far exceed the settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Property & Casualty Insurance Fund (5016), and the
total fiscal impact will be $30,000.
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 $30,000 in the lawsuit styled Arnold Burchianti and Gloria
Burchianti v. Collier County Board of Commissioners (Case No. 23-CA-2254), 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, Director, Risk Management
ATTACHMENT(S)
1. Settlement Agreement and Medicare Form - Burchianti (PDF)
Packet Pg. 1819
16. K.5
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 29711
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Arnold Burchianti and Gloria Burchianti v. Collier County Board of Commissioners (Case No. 23-
CA-2254), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for
the sum of $30,000.
Meeting Date: 09/10/2024
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
08/14/2024 2:03 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
08/14/2024 2:03 PM
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 Level 2 Attorney of Record Review
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
08/14/2024 2:25 PM
Completed
08/14/2024 2:27 PM
Completed
08/14/2024 2:32 PM
Completed
08/14/2024 4:21 PM
Completed
08/28/2024 10:22 AM
Completed
09/02/2024 6:37 PM
09/10/2024 9:00 AM
Packet Pg. 1820
16.K.5.a
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this -Lq-- day of , 2024, by and between ARNOLD
BURCHIANTI and GLORIA BURCHIANTI, hereinafter referred to as "Plaintiffs," 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 Arnold
Burchianti and Gloria Burchianti v. Collier County Board of Commissioners, et al. Case No. 23-
CA-2254 (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiffs 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, r
WHEREAS, Plaintiffs and the County desire to reduce the settlement to a writing so that N
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, Plaintiffs and
County agree as follows:
1. Plaintiffs 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 thirty thousand dollars and no cents ($30,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs
agree 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, Plaintiffs, on behalf of
[23-CA-2254/ 1881873/ 1 ] 1
Packet Pg. 1821
16. K.5.a
themselves, their attorneys, agents, representatives, heirs, successors and assigns, hereby
CO
expressly releases and forever discharges the County, as well as its owners, principals, elected L
0
officials, officers, employees, ex -employees, agents, attorneys, contractors, representatives, c�
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 0
L
and obligations of any kind or nature whatsoever, that she has asserted or could have asserted in Q
c
the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, c
a�
accrued or unaccrued, known or unknown, to the Lawsuit or any incident, event or allegation
L
referred to in the complaint in the Lawsuit.CU
r
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiffs and the County agree that either of them (as well as any other persons or
a�
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the ,-
0
terms and conditions of this Agreement.
0
5. Plaintiffs and the County acknowledge and agree that this Agreement is intended Q
to and shall be binding upon their respective owners, principals, elected officials, officers, Q
r
employees, ex -employees, agents, attorneys, representatives, insurers of the County, successors,
N
assigns, and heirs.
6. Plaintiffs 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 Plaintiffs or the County.
7. Plaintiffs 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, Plaintiffs and the County
agree that all underlying causes of action or claims of Plaintiffs 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, Plaintiffs
[23-CA-2254/ 1881873/ 1 ] 2
Packet Pg. 1822
16. K.5.a
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. Plaintiffs agree 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 Plaintiffs brought or could have brought in the subject Lawsuit. The
Plaintiffs agree to be solely responsible for complete payment of all other obligations out of the
settlement proceeds, including any future medical bills.
11. The Plaintiffs hereby agree 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, Plaintiffs and the County have signed and sealed this
Agreement and Release as set forth below.
�E=may
no • 1 R M., ME
By:
Gloria Burchianti, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical
presence or V online notarization, this _L day of Aiiraka 2024, by Arnold
Burchianti and Gloria Burchianti.
IRISVEG"ROZCO (Signature of Notary Public -State of Florida
MY COMMISSION # HH 132133
:,� EXPIRES: May 22, 2025 I S
Bonded n'"'N0"uyPublic m (Print, Type, or Stamp Co missioners
Name of Notary Public)
[23-CA-2254/18818 73/1] 3
rn
N
Packet Pg. 1823
16. K.5.a
_ Personally Known OR t/ Produced Identification
Type of Identification Produced: bL
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
Date:
Approved as to form and legality
Ronald T. Tomasko
Assistant County Attorney
[23-CA-2254/1881873/1]
4
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Chris Hall, Chairperson
Date:
Packet Pg. 1824
1.1 Davirs
August 06, 2024
5070 Yacht Harbor Circle #103
Naples, FL 34112
RE: Our Client: Collier County BOCC
Claimant: Arnold Burchianti
Our Claim Number: 1114235
Date of Loss: 02/23/2021
Dear: Arnold Burchianti
This letter is a directed inquiry about the Medicare status of the claimant named above. Section
111 of the Medicare, Medicaid, and Schip Extension Act of 2007 requires submission by or on
behalf of Liability insurance (including Self -Insurance), No Fault Insurance and Workers
Compensation Laws and Plans; of the information requested below. See 42 U.S.C. 1395y (b) (8).
Please complete this form and return it to Johns Eastern Co. at the address on this
letterhead or email to. TPALiabilit 'ohnseastern.com
Section I
The Centers for Medicare & Medicaid Services (CMS) is the federal agency that oversees the Medicare program.
Many Medicare beneficiaries have other insurance in addition to their Medicare benefits. Sometimes, Medicare is supposed
to pay after the other insurance. However, if certain other insurance delays payment, Medicare may make a "conditional
payment' so as to not inconvenience the beneficiary, and then recover after the other insurance pays
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSFA), a federal law that became
effe,dive January 1, 2009, requires t )at liability insurers (including self -insurers), no-fault insurers, and workers'
compensation plans report specific information about Medicare beneficiaries who have other insurance coverage This
reperiing is to help CMS to property coordinate payment of benefits among plans so that your medical claims are paid
promptly and correctly.
We are asking you to answer the questions below so that we may comply with this law.
Please review this picture of the Medicare cud to determine it you have,
or have ever had, a similar Medicare card.
Tease note the Medicare Number located on this card.
MEDICARE HEAMI INSURANCE
.IoHN L SpmH
EG4TES-MK72 ,
HOSPITAL (PART A) R341.2016 ...-�
MEDICAL (PART B) 03-0i•2Ai6
Davies Group
PO Box 110259 Lakevmod Ranch. FL 3.4211
wmr. d a vi a s-group _ c om
Packet Pg. 1825
I 16.K.5.a h
JD DaviEs
Page 2 of 3
Arnold Burchianti
August O6, 2024
Section I
Please print your full name exactly as it appears on your Social Security or Medicare card:
First Name:
Middle Name:
Last Name:
Date of Birth: Q Q Gender al Female (circle one)
Social Security Number (SSN): —
Medicare Card Number a v�(MBI/HICN): JIA%O % Yk c2 " IT/ —I,— t-21�
Are you presently, or have you ever been, enrolled in Medicare Part A?
Q Yes
0 No
Are you presently, or have you ever been, enrolled in Medicare Part B?
40 Yes
0 No
Are you presently, or have you ever been, enrolled in Medicare Part C
(Advantage Plan)?
0 Yes
a No
If Yes, please
provide
Name of the Plan:
Expiration Date:
Are you presently, or have you ever been, enrolled in Medicare Part D
(Prescription Drug Benefit)?
n Yes
To No
If Yes, please
provide
Name of the Plan:
Expiration Date:
"Note: if you are unable to.provide your Medicare Number and are uncomfortable with providing your full
Social Security Number (SSN), you have the option to provide the last 5 digits of your SSN in the section
above.
Section II
I understand that the information requested is to assist the requesting insurance arrangement to accurately
coordinate benefits with Medicare and to meet its mandatory reporting obligations under Medicare law.
�r1o%�,�'GCrGh�a�l J
Claimant Name (Please Print)
Name of Person Completing This Form If Claim Unable (Please Print)
Signature of Person Com ,sting This orm Date
Claim number:
Davies Group
PO Box 110259 Lakewood Ranch, FL 34211
www.d"es-gwup.corn
Packet Pg. 1826
ODavles
Page 3 of 3
Arnold Burchianti
August 06, 2024
If you have completed sections I and lI above, stop here.
If you are refusing to provide the information requested in Sections I and 11, proceed to Section Ill.
Section III
Claimant Name (Please Print) Claim Number
For the reason(s) listed below, I have not provided the information requested. I understand that if I
am a Medicare beneficiary and I do not provide the requested information, I may be violating
obligations as a beneficiary to assist Medicare in coordinating benefits to pay my claims correctly
and promptly.
Reason(s) for Refusal to Provide Requested Information
Sincerely,
Johns Eastern Company, Inc.
X44M w
Katura Williams TPA P&C Adjuster
(941) 949-6228
Davies Group
PO Box 110259 Lakewood Ranch, FL 34211
wvrw.davies-g=p.com
ti
N
Packet Pg. 1827