Agenda 01/13/2026 Item #16K 7 (County Attorney to make a settlement offer in the matter styled Antonietta Iannelli Colbourn v. Collier County Board of County Commissioners, Case No. 24-CA-2582)1/13/2026
Item # 16.K.7
ID# 2025-4968
Executive Summary
Recommendation to authorize the County Attorney to make a settlement offer of $2,500, as a nuisance threshold for
litigation strategy purposes, in the matter styled Antonietta Iannelli Colbourn v. Collier County Board of County
Commissioners, Case No. 24-CA-2582, 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 January 31, 2025, Antonietta Iannelli-Colbourn (“Plaintiff”)
alleges that Collier County was negligent for her trip and fall which occurred on the evening of February 22, 2024, while
walking back to her sister’s house after a dinner at a neighbor’s house. She allegedly tripped on a raised portion of a
Collier County maintained sidewalk cement slab and fell causing her to break her left wrist. The County did have
knowledge of a sidewalk defect in the area of Plaintiff’s trip and fall as a result of a Collier County annual sidewalk
inspection completed in December of 2023 and the slab where Plaintiff’s trip and fall allegedly occurred was not
replaced until sometime in May of 2025. Plaintiff’s only claim is for pain and suffering, even though her wrist,
objectively, healed completely though the Plaintiff claims ongoing pain and functional limitations. There was no claim
for loss of wages as she is retired and she recouped all out-of-pocket expenses from her personal insurance provider, who
is not requesting subrogation. As the Plaintiff is a Canadian resident, her ongoing medical care is covered by the
Province of Ontario. The Plaintiff’s last formal settlement offer served on the County on June 26, 2024, was
$200,000.00. This matter is scheduled for a hybrid mediation/arbitration on February 25, 2026 and the County’s Motion
for Final Summary Judgment is scheduled to be heard on March 10, 2026.
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 Plaintiff will accept $2,500 to settle the lawsuit, §
45.061 and § 768.79, Fla. Stat., 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 $2,500 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 $1,875 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 $2,500 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
$1,875 or less by a jury.
FISCAL IMPACT: Should Plaintiff accept the settlement offer, $2,500 will be provided 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
RECOMMENDATION(S): To authorize the County Attorney to make a settlement offer of $2,500, as a nuisance
threshold for litigation strategy purposes, in the matter styled Antonietta Iannelli-Colbourn v. Collier County Board of
County Commissioners, Case No. 24-CA-2582, pending in the Circuit Court of Collier County, Florida.
PREPARED BY: Michael K. Quigley, Risk Management Division Director
Ronald T. Tomasko, Assistant County Attorney
Page 11985 of 14062
1/13/2026
Item # 16.K.7
ID# 2025-4968
ATTACHMENTS:
None
Page 11986 of 14062