Agenda 11/10/2025 Item #16K 1 (Execute a Settlement Agreement in the lawsuit styled Lilimar Ascanio, Reynaldo Ascanio, Lilimar Ascanio as Parent, Lilimar Ascanio as Parent v. Collier County Board of Commissioners)11/10/2025
Item # 16.K.1
ID# 2025-4463
Executive Summary
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Lilimar
Ascanio, Reynaldo Ascanio, Lilimar Ascanio as Parent, Lilimar Ascanio as Parent v. Collier County Board of
Commissioners (Case No. 24-CA-2515), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, for the sum of $25,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Lilimar Ascanio, et. al, for the sum of
$25,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of three (3) vehicle accident that occurred on 01/23/2023, when a County
employee rear ended the vehicle in front of him that in turn rear-ended Ms. Ascanio’s vehicle. Ms. Ascanio’s two
daughters were in the vehicle with her at the time of the accident. There was $2,118.48 in property damage caused to
Ms. Ascanio’s vehicle. All three (3) Plaintiffs in the vehicle claimed neck and back pain. The County, after reviewing
the various medical records, determined that the cost of hiring expert medical doctors for each of the three claimants
would cost the County substantially more than settling the case. Also, Ms. Ascanio’s husband made a related claim for
loss of consortium.
Ms. Ascanio’s medical insurers paid approximately $35,560.00 in medical expenses for all three (3) persons in her
vehicle at the time of the accident. Most of these medical expenses involved emergency care and subsequent physical
therapy. The County paid approximately $2118.48 for repairs to the Ascanio vehicle. The Plaintiff’s initial settlement
demand was $50,000. The parties commenced discovery. The parties participated in a meeting prior to court ordered
Mediation and reached a tentative settlement to resolve the entire lawsuit for $25,000 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 Plaintiffs’ 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 Fund 5016, Property & Casualty Insurance Fund and the total
impact will be $25,000.
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
RECOMMENDATION(S): To approve and authorize the Chair to execute the Settlement Agreement for the total sum
of $25,000 in the lawsuit styled Lilimar Ascanio, Reynaldo Ascanio, Lilimar Ascantio as Parent, Lilimar Ascanio as
Parent v. Collier County Board of Commissioners (Case No. 24-CA-2515), 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 K. Quigley, Director, Risk Management
ATTACHMENTS:
1. Settlement Agreement Ascanio_Redacted
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