Agenda 01/26/2016 Item #16K 2 1/26/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Madeline Wilens v. Collier County
(Case No. 14-CA-001574), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County,Florida.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Madeline
Wilens for the total sum of $45,000 and authorize the Chairman to execute the Settlement
Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of a trip and fall incident that occurred on June
26, 2013. Plaintiff Madeline Wilens was walking on a County maintained sidewalk near
Vanderbilt Drive and Vanderbilt Beach Road when she tripped on a raised portion of the
sidewalk and fell. Plaintiff Wilens sustained the following injuries as a result of the fall:
fractured left elbow (and underwent an open reduction internal fixation surgery to treat the
fracture), a fractured rib and received fifteen stitches to her mouth area as a result of the fall.
Plaintiff Wilens received home health care assistance for several weeks during her recovery
period. A trial, the Plaintiffs attorney would be entitled to allege $151,719.75 in past medical
expenses prior to any post-verdict, insurance set-off.
The Parties attended Mediation on December 14, 2015. A tentative settlement was reached for
$45,000 to resolve the lawsuit, including any and all outstanding liens and medical expenses. It
is the County Attorney and Risk Management Department's position that this settlement is
reasonable given the County's exposure for the accident itself, the type of injuries and medical
expenses incurred, and cost of defense through trial, including exhibit preparation, medical
expert retention and doctor depositions.
FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty
Insurance fund and the total impact will be $45,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: For the Board of County Commissioners to accept the tentative
settlement in the lawsuit styled Madeline Wilens v. Collier County (Case No. 14-CA-001574),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida and authorize the Chairman to execute the Settlement Agreement and Mutual Release.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement and Mutual Release in the lawsuit styled Madeline Wilens v. Collier
County (Case No. 14-CA-001574), now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida
Meeting Date: 1/26/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
1/14/2016 9:24:19 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name:NoellKevin
1/14/2016 9:24:20 AM
Approved By
Name: WalkerJeff
Title: Division Director-Risk Management,Risk Management
Date: 1/14/2016 11:24:34 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/14/2016 11:27:29 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/15/2016 9:08:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 10:44:24 AM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 11:15:11 AM
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this � day of ZA , 2016, by and between
MADELINE WILENS, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter
referred to as the"County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Madeline Wilens v. Collier
County, Case No. 14-CA-001574(hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the Complaint filed in the Lawsuit;and,
WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors,
assigns,heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and
the County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes I;
referred to as "Whereas Clauses",by reference into this Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in
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consideration of the sum of Forty-Five Thousand and 00/100 ($45,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with Prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged,Plaintiff, on behalf of
herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's
fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could
have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or
indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the
Complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiff and the County agree that either of them (as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the
terms and conditions of this Agreement.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, officials, officers, employees,
ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs,
and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
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construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure, on the part of either Plaintiff or the County.
7. Plaintiff and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this regard,
Plaintiff and the County further agree that the sole venue for any such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples,Florida.
10. This Agreement shall be governed by the laws of the State of Florida.
11. Plaintiff shall be solely responsible for payment and satisfaction of any liens,
medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS
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•
•
OF COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk DO MA FIALA, CHAIRMAN
Approved as to form and legality:
Kevin L.Noe11
Assistant County Attorney
AS TO PLAINTIFF:
is
By: a •c 'le S �.
MADILINE WILENS,Plaintiff
STATE OF FLORIDA
COUNTY OF I E
Sworn to (or affirmed) and subscribed bej`e me this p ' ' day of 4016, by
MADILINE WILENS, who is ( V ) personally known to me or ( ) produced
as identification.
Signature of Notary Public- State of Florida)
(Print,Type,or Stamp
Commissioned Name of Notary Public)
Commissioner Expires
u.Eatfrstai
• NY OCOA RSS10N f EE 526549
EXPIRES:December 21,2016
4 Bonded'Mu Notary Pubic UederwAten
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