Agenda 01/28/2025 Item #16K 1 (County Attorney to make a settlement offer as a nuisance threshold for litigation strategy purposes)1/28/2025
Item # 16.K.1
ID# 2024-2236
Executive Summary
Recommendation to authorize the County Attorney to make a settlement offer of $15,000, as a nuisance threshold for
litigation strategy purposes, in the matter styled Terri Hohmann Dakan et al. v. Collier County Board of County
Commissioners, Case No. 23-CA-2715, pending in the Circuit Court of Collier County, Florida.
OBJECTIVE: To provide exceptional litigation defense for the County, protect the County from meritless claims, and
deter future litigants from pursuing such meritless claims.
CONSIDERATIONS: In her second amended complaint filed November 7, 2023, Terri Hohmann Dakan (“Dakan”)
alleges that she tripped on or around a storm drain manhole cover on Vanderbilt Beach Road and Gulf Shore Court and
fractured her left foot. The Plaintiff’s last formal settlement offer, presented to a certified Circuit Court mediator, was
$69,500.00.
Risk Management and the County Attorney’s Office find the allegations baseless and lacking merit based on theories of
sovereign immunity and failure to make a legally sufficient claim based upon common law negligence. Despite this,
there are inherent costs to the County in defending ongoing litigation, so there is value to the taxpayers of the County in
resolving lawsuits at a “nuisance value” level. While it is unlikely that Dakan will accept $15,000.00 to settle the
lawsuit, Florida Statutes sections 45.061 and 768.79 seek to encourage litigants to settle such matters by awarding costs
and attorney’s fees (from the date of the settlement offer) to prevailing defendants who offer a settlement that is at least
25% better than the ultimate outcome. Therefore, with a $15,000.00 settlement offer, the County can be awarded costs
and attorney’s fees by the Circuit Court should it prevail (defense verdict) or if the Plaintiff is awarded damages of
$11,250.00 or less by a jury.
The County Attorney’s Office and Risk Management Director recommend this course of action to allow resolution of
this lawsuit for a nuisance amount of $15,000.00, otherwise the Circuit Court can award the County costs and attorney’s
fees (from the date of the settlement offer) should the County ultimately prevail (defense verdict) or the Plaintiff is
awarded $11,250.00 or less by a jury.
FISCAL IMPACT: Should Dakan accept the settlement offer, $15,000 will be provided by the Property & Casualty
Fund, 5016000000-121650-645915.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -
RTT
RECOMMENDATIONS: To authorize the County Attorney to make a settlement offer of $15,000, as a nuisance
threshold for litigation strategy purposes, in the matter styled Terri Hohmann Dakan et al. v. Collier County Board of
County Commissioners, Case No. 23-CA-2715, pending in the Circuit Court of Collier County, Florida.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENTS:
1. Dakan - Second Amended Complaint
Page 2997 of 3681
Page 2998 of 3681
Page 2999 of 3681
Page 3000 of 3681
Page 3001 of 3681
Page 3002 of 3681