Agenda 10/08/2024 Item #16K 4 (Approve the settlement in the lawsuit filed by Rita Gaffney for settlement agreement)10/8/2024
Item # 16.K.4
ID# 2024-1195
Executive Summary
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit styled Rita
Gaffney v. Collier County, (Case No. 23-CA-1514), now pending in the Circuit Court of the 20th Judicial Circuit in and
for Collier County, Florida, for the sum of $25,000.00.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Rita Gaffney for the sum of
$25,000.00 and authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on March 2, 2022, at or near the west side of
Vineyards Blvd. between Arbor Blvd. W and Pine Ridge Rd, 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 Pine Ridge Road, where she was
treated for abrasions to her left shoulder, for striking her head and four (4) separate fractures of her left-hand 4th and 5th
metacarpals and proximal phalanges. The Plaintiff had diagnostic testing consisting of x-rays of her left humerus,
forearm and left hand. The Plaintiff wore a splint for several weeks and had therapy to her hand on at least twenty-six
(26) separate occasions. Plaintiff alleged permanent limitations with the use of her left hand and, in particular, an
inability to grip and otherwise close her left hand. The County had the Plaintiff’s medical records reviewed by an
independent orthopedic specialist who opined that the Plaintiff’s “stiffness and alleged limited range of motion is
directly related to the trip and fall incident…”
The Plaintiff’s pre-suit settlement demand was actually in excess of 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 $89,144.63 in damages consisting of $9,144.63 in past and future medical expenses, $50,000.00 for past pain
and suffering and $30,000.00 for future pain and suffering. That amount was reduced after applying a comparative
negligence reduction to $53,486.77. 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 June 25, 2024.
Settlement negotiations continued and a tentative settlement was reached to resolve the lawsuit for $25,000.00,
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, litigation costs and expenses to try the
case to verdict would likely exceed the tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Property and Casualty Fund (5016). The total impact will be
$25,000.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
– RTT
RECOMMENDATIONS: For the Board of County Commissioners to approve and authorize the Chairman to execute
the Settlement Agreement for the total sum of $25,000.00 in the lawsuit styled Rita Gaffney v. Collier County, (Case
No. 23-CA-1514), 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
ATTACHMENTS:
Page 3890 of 3899
10/8/2024
Item # 16.K.4
ID# 2024-1195
1. Settlement Agreement Rita Gaffney
Page 3891 of 3899
SETTLEMENT AGREEMENT
THIS SE I-ILEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on tlis _ day of . , ,2024 by and baween RITA
GAFFNEY, hereinafter referred to as "Plaintiff" and COLLIER COLJNTY, FLORIDA,
hereinafter referred to as "Defendant."
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Courr for the
Twentieth Judicial Circuit in and for Collier County, Florid4 in the case styled Rita Gaffney v.
Collier County, Case No. 23-CA-1514 (hereinafter rrfened 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 unaoorued, to the inoidents
described or allegations made in the complaint filcd in thc Lawsuit; and,
WHEREAS, Plaintiffand the Defendant desire to reduce the settlement to writing so that
it shall be binding upon both parties' respoctive owners, ptincipalq elected o{ficials, officers,
employees, ex€mploye€s, agents, attorneys, representatives, insurers, successors, assigns, heirs,
departments, agencies and afliliates.
NOW, THEREFORE, in consideration of thc mutual covenants, promises and
consideration set forth in this Agreement, and with the intent o be legally bound, plaintiff and
Defendant agree as follows:
l. Plaintiff and the Defendant adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses," by reference into this Agreement.
2. ln 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 twenty-five thousand dollarc and zero cents ($25,000.00) ard other
valuable consideration, the receipt and adequacy of which is hereby aoknowledged by Plaintiff,
Plaintiffagees to dismiss the Lawsuit with Prejudice as it relates to the Defendant.
3. In consideration ofthe 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 attorney, agents, representatives, heirs, successors and assigns, horeby expressly
releases and forever discharges the Defendant, as well as its owners, principals, elected officials,
[23-CA- 1514/18 309n]
Page 3892 of 3899
officers, omployccs, cxrmployees, agcnts, attorneyq rcprcscntatives, succ,essors, assigns,
insurers, heirs, dopartments, agenoies and affiliates, fiom any and all claimq demandg causes of
actions, demagcs, oosts, liens, attorncy's fees, expenses, medical bills and obligations of any
kind or nalure whatsowcr, that he has asserted or oould have arsertd in the Lawsuit or that arise
from or r€late or rcfcr in any way, whether dircctly or indircctly, accrued or unaccrued, known or
unknown, to the Lawsuit or any incident, event or allegation rcfer€d to in the complaint in the
I^owsuiL
4. Notwithstanding anything {rat may be to the contmry in Paragaph 3 of this
Agteement, Plaintiffand the Defendant agrcc that cither oftrem (as wcll as any othcr persons or
entities intcndcd to be bound) shall, in the event of any breach, raain thc right to cnforcc thc
terms and oonditions of this Agreemonl
5. Plaintiff and the Defendant acknowlcdge and agree tirat this Agreement is
intended to and shall be binding upon thcir r€spective owncrs, prinoipals, clcctcd officials,
officerq ernployees, ex-employees, agents, atbmeys, rcprcsentatives, insurers, successors,
assigns, heirs, and afliliates.
5. Plaintiff and the Dcfendant r€cognizE and acknowledgc that this Agrtement
memorializcs and stotEs a scftlement of disputed claims and nothing in this Agreernent shall be
consEued to be an admission of any kind, whether of fault, liability, or ofa particular policy or
proceduro, on the pail ofoither Plaintiff or the Dofendant.
7. Plaintiff and thc Defendant acknowledge and egrce that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous langurgc or pmvision in this
Agreement is to be construed against any party based upon a claim that thc party draftcd thc
ambiguous provision or language or that thc party was inEnded to be bcncfitcd by the
ambiguous provision or languagc.
8. This Agreem€nt may be amcnded only by a writtcn instrumcnt specifically
refeffing to this Agreement and executed with the same formalitics ss this Agresnent.
9. In the event ofan alleged breach of this Agrcernent, Plaintiff and the Defendant
agroe that all underlying causos of aotion or olaims of Plaintiff have bcen extinguished by this
Agreemcnt and that thc sole rrmedy for brcach of tfiis Agreement shall be for specific
performance of the terms and conditions of this Agrcement. In tfiis regard, Plaintiff and the
Defendant further agr€c that the solc vcnue for any such action shall bo in the Twcnticth Judicial
Circuit in and for Collier County, Florida in Naples, Florida
[23-CA- 1 s l/Yt E8 1309Y tl
Page 3893 of 3899
10, Plaintiff agrees to use the proceeds ofthe settlement funds for the paynent and
satisfaction of all lieng past and firture medical bills, attomey 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.
I l. The Plaintiff hereby agrees to indemnify and hold harmless the Defendant fmm
any and all claims and/or liens and/or subrogated interests, including but not limited to worker,s
compensation liens" health insurance liens, Medicaid / Medicarc liens, Social Security and any
and all attomey's liens and charging liens herein.
12. This Agreement shall be govemed by the laws of ttre State of Florida
IN WITNESS WIIEREOF, Plaintiff and the Defendant have signed and sealed this
Agreement and Release as sa forth below.
Rita , Plaintiff
srArEoF lf..-tYo,l,-
COUNTY OF Lrlchrr
The foregoing instrument was acknowl
presence or _ online notarization, this _lfday
(s ignature blic-Starc of Florida
thorms Slr,#
(Print, Type, or Stamp Commissioners
Name of Notary Public)
By
before me by means of ylphysical
2024,ita Gaffney.of
V Personallv Known OR P
Type of Identification Producei:
roduced Identification
3
TH(xrAs sTnl?htary,rltlt.5r.t d X.r !b.i
l.o. Ol3Ta,al2736ql.filad ln outch.R County,t Codrilaalon !rplr.! Alr 4, 202a
[23-CA- r5l4/r 881309/l I
of Notary
Page 3894 of 3899
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
By:
to form
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Chris Hall, Chairman
Dat€:Date:
pnd lcgality
w
Ronald T. Tomesko
Assistant County Attorney
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Page 3895 of 3899