Agenda 05/27/2025 Item #16K 3 (Settlement offer for litigation strategy purposes in the matter styled Candice Lee Mills vs. Collier County Board of County Commissioners)5/27/2025
Item # 16.K.3
ID# 2025-1926
Executive Summary
Add -on Item: 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 Candice Lee Mills v. Collier County Board of County
Commissioners, Case No. 23-CA-0746, 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 amended complaint filed May 18, 2023, Candace Lee Mills ("Mills") alleges that she
tripped and fell at on a sidewalk on Euclid Avenue near Mentor Drive on or about April 30, 2020. The Plaintiff's last
formal settlement offer was $95,000.00.
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 Mills 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 Mills accept the settlement offer, $15,000 wilt be providcd by the Property & Casualty
Fund, 5016000000-121650-645915.
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 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 Candice Lee Mills v. Collier County Board of County
Commissioners, Case No. 23-CA-0746, 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:
Mills - Amended Complaint
Filing # 186020269 E-Filed 11/13/2023 04:09:46 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
CANDICE LEE MILLS,
Plaintiff,
V.
COLLIER COUNTY, Florida, a political
subdivision of the State of Florida.
Defendant.
/
CASE NO. 23-CA-746
PLAINTIFF'S SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, CANDICE LEE MILLS, by and through the undersigned attorneys, sues the
Defendant, COLLIER COUNTY, Florida, a political subdivision of the State of Florida (hereinafter
"COLLIER COUNTY'), and alleges:
1. This is an action for damages that exceed $50,000, exclusive of costs and interest.
2. At all times herein mentioned, Defendant, COLLIER COUNTY, was and still is a political
subdivision of the State of Florida, organized and existing under and by virtue of the laws of the State
of Florida.
3. Proper and timely notice of this claim has been given to the Defendant, COLLIER
COUNTY, and to the Florida Department of Financial Services pursuant to § 768.28, Fla. Stat. and
all conditions precedent to filing suit have been fulfilled. See Exhibit A, attached.
4. On or about April 30, 2020, Defendant, COLLIER COUNTY, owned, operated, managed
and/or controlled the sidewalk located on the east side of Euclid Avenue near the intersection of
Mentor Dr., Naples, Florida.
5. The defect on the sidewalk where Plaintiff fell was located on the portion of sidewalk
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 11/13/2023 04:09:46 PM
running on the left side of the home located at 105 Mentor Dr., Naples, Florida.
6. At all times material to this cause of action, Plaintiff, CANDICE LEE MILLS, was upon
the premises for purposes of walking through the neighborhood and was therefore a business invitee.
7. At all times material to this cause of action Defendant, COLLIER COUNTY, as owner,
operator, and/or manager of said sidewalk, had a duty of reasonable care to maintain the sidewalk in
a reasonably safe condition for the safety of invitees on the premises and a duty to warn of an
unreasonably dangerous condition.
8. On or about April 30, 2020, Plaintiff, CANDICE LEE MILLS, was walking on the above
described area of sidewalk when she stepped into a hole on the sidewalk causing her to fall and sustain
severe personal injuries as hereinafter described.
9. Defendant, COLLIER COUNTY, its agents, servants and/or employees, acted negligently
by failing to exercise reasonable care by, among other things:
a. Creating an unreasonably dangerous condition;
b. Carelessly and negligently permitting and allowing a condition to remain on the
premises which involved unreasonable risk of harm to another person;
c. Failing to properly warn Plaintiff of the dangerous condition or to provide proper
protection against same.
10. Defendant, COLLIER COUNTY, knew, or in the exercise of reasonable care should have
known, of the existence of the dangerous and hazardous condition as described above, and Defendant
was negligent in not eliminating said dangerous condition.
11. As a result, Plaintiff, CANDICE LEE MILLS, suffered bodily injury and resulting pain
and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life,
loss of earnings, loss of ability to earn money, aggravation of a previously existing condition and
expense of hospitalization, and numerous medical expenses. The losses are permanent and continuing
in nature and the Plaintiff will suffer such losses in the future.
WHEREFORE, Plaintiff, CANDICE LEE MILLS, sues the Defendant, COLLIER
COUNTY, for compensatory damages in an amount in excess of $50,000, exclusive of interest and
costs, and demands a trial by jury of all issues triable as of right by a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
electronic mail to Ronald T. Tomasko, Esquire, Collier County Attorney's Office, 3299 East
Tamiami Trail, Ste. 800, Naples, Florida 34112-5746, at ronald.tomaskokcolliercoun . fl. - ov;
marian.rh nekcolliercountyfl.gov; rosa.villarrealkcolliercountyfl.gov; on this 13th day of
November, 2023.
GOLDSTEIN, BUCKLEY, CECHMAN,
RICE & PURTZ, P.A.
Attorneys for Plaintiff
Post Office Box 2366
Fort Myers, Florida 33902-236
(239) 334-1146
By: Is/ CHRISTOPHER J. SMITH
CHRISTOPHER J. SMITH
Florida Bar No. 0046260
EXHIBIT A
06/29/2020
NOTICE OF CLAIM — FLORIDA STATUTES 768-28(6)
TO:
CERTIFIED MAIL:
7019 1640 0001 2202 8124
10675089
Chief Financial Officer
Department of Financial Services
State of Florida
200 East Gaines Street
Tallahassee, Florida 32314
CERTIFIED MAIL:
7019 1640 00012202 8148
10675089
Florida Department of Transportation
Attn: Claims Processing
605 Suwannee Street, MS-58
Tallahassee, FL 32399-0458
CERTIFIED MAIL:
7019 1640 00012202 8162
10675089
Collier County Board of County Commissioners
William L. McDaniel, Jr Chairman
3299 Tamiami Trail East Suite 303
Naples, FL 34112-5746
CLAIMANT: Candice Lee Mills
Date of Birth: 12/29/1956
Social Security No: n/a
CERTIFIED MAIL
7019 1640 0001 2202 8131
10675089
Charlotte County Florida
Public Works Department
Attn: Maintenance & Operations
7000 Florida Street
Punta Gorda, FL 33950
CERTIFIED MAIL:
7019 1640 0001 2202 8155
8903764
Charlotte County, A Political Subdivision of the State
of Florida, by serving:
Attention: Bill Truex, Chairman
Charlotte County Board of County Commissioners
18500 Murdock Circle, Ste 536
Port Charlotte, FL 33948
CERTIFIED MAIL:
7019 1640 00012202 8179
8658662
City of Naples
Mrs. Lori McCullers
735 8"' Street South
Naples, FL 34102
PRIOR ADJUDICATED UNPAID CLAIMS: (if none, so state)
Claimant: None
Consortium Claimant: None
DATE OF INCIDENT: 04/30/2020
PLACE OF INCIDENT: 105 Mentor Dr
Naples, Fl 34110
DESCRIPTION OF INCIDENT:
Mrs. Mills was walking around the block and PC was walking fast pace, her left ankle caught in a hole
and it twisted and fell. She fell forward and hit her head on pavement, hurt her knee and right arm which
was fractured in 3 places and needed surgery
IF ADDITIONAL INFORMATION IS NEEDED, PLEASE CONTACT THE UNDERSIGNED.
PLEASE ACKNOWLEDGE RECEIPT HEREOF.
I IIEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified
mail to the above agencies, this day of ,
/s/Aaron DeAngelis
Aaron DeAngelis
FBN 1003232
Morgan and Morgan, P.A.
12800 University Dr, Suite 600
Fort Myers, FL 33907
(239)432-6676
Attorneys for Plaintiff
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