Agenda 02/24/2026 Item #16K 1 (Settlement Agreement in the lawsuit styled Jose Cancio v. Collier County Board of Commissioners (Case No. 25-CC-3166)2/24/2026
Item # 16.K.1
ID# 2026-226
Executive Summary
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Jose
Cancio v. Collier County Board of Commissioners (Case No. 25-CC-3166), now pending in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $6,000.00.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed with Jose Cancio, for the sum of
$6,000.00 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises from a vehicle accident that occurred on 11/20/2023, when a County
employee rear-ended the vehicle in front of him, Mr. Cancio’s vehicle. There was $11,769.28 in property damage
caused to Mr. Cancio’s vehicle. Plaintiff claimed left leg and left shoulder, neck and back pain. The County, after
reviewing the various medical records, determined that the cost of hiring expert medical doctors for an examination of
the Plaintiff and a review of the Plaintiff’s medical records would cost the County substantially more than settling the
case.
Mr. Cancio’s total in medical expenses was $17,987.00 at the time of the accident. Most of these medical expenses
involved chiropractic care and subsequent physical therapy.
Plaintiff initially demanded statutory limits in settlement discussions with the County’s 3rd Party Administrator, Davies.
Following the County’s filing of a Motion to Dismiss Count II of the Complaint, where the County employee involved
was named as an individual coparty, Plaintiff’s counsel contacted the County Attorney’s office via email to express
interest in resolving the case. The parties subsequently reached a tentative agreement to settle the entire lawsuit for
$6,000.00, contingent upon 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 Plaintiff’s claims, the cost for the County to obtain a
medical expert witness will far exceed the settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund and the total
impact will be $6,000.00.
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): For the Board of County Commissioners to approve and authorize the Chairman to execute
the Settlement Agreement for the total sum of $6,000.00 in the lawsuit Jose Cancio v. Collier County Board of
Commissioners (Case No. 25-CC-3166), now pending in the County 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_Jose Cancio
Page 2140 of 3023
Page 2141 of 3023
Page 2142 of 3023
Page 2143 of 3023
Page 2144 of 3023