Agenda 10/22/2024 Item #16F 5 (Authorize the approval of $1,000 to settle the EMS invoice)10/22/2024
Item # 16.F.5
ID# 2024-1549
Executive Summary
Recommendation to authorize the approval of $1,000 to settle the EMS invoice regarding services rendered to Stephen
Zelonka.
OBJECTIVE: To authorize the approval of $1,000 to settle the EMS invoice DCOLL186600 regarding services
rendered to Stephen Zelonka.
CONSIDERATIONS: Stephen Zelonka was in a serious crash on January 2, 2021. Collier County EMS responded to
the accident and services were rendered to Mr. Zelonka totaling $10,630. Mr. Zelonka’s insurance paid $6,456.56.
Collier County EMS seeks the remaining amount of $4,173.44 from Mr. Zelonka personally.
Mr. Zelonka’s personal injury attorney has offered to settle the outstanding bill for $1000, a 76% reduction in what is
owed, or a 30% total reduction from the entire bill versus total payment. Comparatively, Mr. Zelonka’s insurance
company asserted a $74,853.07 lien for the accident’s bills and reduced it 76%, settling for $10,000.
Resolution 2021-175 provides the procedures for EMS billing, including probate matters; however, the current situation
involves a personal injury case with damages and injuries that may exceed the settlement obtained from the at fault party
and is not contemplated in the Resolution; therefore, Board approval is required to reduce the amount owed by Mr.
Zelonka.
The Resolution provides that for probate matters where $10,000 or less is owed for ambulance services the EMS Chief
and the County Attorney are authorized to take reasonable action to reach a settlement with the personal representative
or his attorney. Since less than $10,000 is owed for the EMS services and there are limited settlement proceeds, it is
recommended that the reduced amount be accepted to avoid Mr. Zelonka’s attorney filing a Petition for Equitable
Distribution. Should litigation proceed on this issue, it is likely Mr. Zelonka will prevail and the County would owe Mr.
Zelonka’s cost of litigation in addition to the reduced amount.
FISCAL IMPACT: If approved by the Board, the remaining balance of $4,173.44 would be waived and $1,000 would
be accepted as the full and final settlement of invoice DCOLL186600 for the services rendered on January 2, 2021.
Settlement proceeds would be deposited in EMS Operating Fund (4050).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: The terms of the settlement have been reviewed and approved by EMS and the County
Attorney’s Office. In the event the recommended settlement is not approved, the County can expect to incur additional
costs associated with litigation through a Motion for Equitable Distribution which will be filed in the Collier County
Circuit Court and a positive result can never be guaranteed with any degree of certainty. This settlement is reasonable
based upon the totality of the circumstances. This item is approved as to form and legality and requires majority vote for
Board approval. -RTT
RECOMMENDATIONS: To authorize the approval of $1,000 to settle the EMS invoice regarding services rendered to
Stephen Zelonka.
PREPARED BY: Ronald T. Tomasko and Derek D. Perry, Assistant County Attorney
Bruce Gastineau, Chief, Emergency Medical Services
ATTACHMENTS:
1. Spivey Law Reduction Request-acct 99048(2)
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