Agenda 07/12/2016 Item #16K1 7/12/2016 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement
and Mutual Release, in the lawsuit styled Douglas Holdridge v. Collier County, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 16-0090-CA), for
the sum of$5,000.
OBJECTIVE: Recommendation to approve a tentative settlement in the lawsuit filed by Douglas
Holdridge for the sum of $5,000.00 and authorize the Chair to execute the Settlement Agreement and
Mutual Release.
CONSIDERATIONS: This lawsuit arises out of a fall that occurred on January 31, 2013. Plaintiff
Holdridge alleges that he was walking his dog in the evening hours, near 2280 Pineland Avenue, when he
stepped into a hole on County property. County employees had been performing work in the subject area
within the few days prior to the fall and Plaintiff alleges that the employees created the hole and/or failed
to warn of the existence of the hole. Plaintiff alleges exacerbation of a pre-existing injury to his lower
back as a result of the fall. Plaintiff went to the hospital shortly after the fall and subsequently underwent
several months of medical treatment. Plaintiff's medical bills total approximately $29,847.00.
The parties have commenced discovery and, prior to incurring additional costs, the parties engaged in
early settlement discussions. A tentative settlement was reached for $5,000.00 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 and the cost of defense,to include retaining a neurologist for a record review.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property &Casualty Insurance Fund
and the total impact will be $5,000.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority
vote for approval.-KLN
RECOMMENDATION: For the Board of County Commissioners to approve the tentative settlement in
the lawsuit styled Douglas Holdridge v. Collier County (Case No. 16-0090-CA), now pending in
the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida for the sum
of$5,000.00 and authorize the Chair 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.1.
Item Summary: Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release, in the lawsuit styled Douglas Holdridge v. Collier
County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 16-
0090-CA), for the sum of$5,000.
Meeting Date: 7/12/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/22/2016 11:31:53 AM
Submitted by
Title: Legal Assistant/Paralegal, CAO Office Administration
Name:NeetVirginia
6/22/2016 11:31:55 AM
Approved By
Name: WalkerJeff
Title:Division Director-Risk Management, Risk Management
Date: 6/22/2016 1:05:01 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 6/22/2016 1:19:46 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/22/2016 2:36:49 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 6/22/2016 2:37:01 PM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/1/2016 1:25:57 PM
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on this day of
, 2016, by and between DOUGLAS HOLDRIDGE, (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 Douglas Holdridge v.
Collier County, a political subdivision of the State of Florida, Case No. 16-0090-CA
(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 Release, 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
referred to as "Whereas Clauses",by reference into this Agreement and Release.
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2. This settlement agreement and mutual release is contingent upon approval by the
Board of County Commissioners of Collier County, Florida.
3. 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
consideration of the sum of Five Thousand Dollars and 00/100 ($5,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with Prejudice.
4. 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
himself, his 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 he 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.
5. Notwithstanding anything that may be to the contrary in Paragraph 4 of this
Agreement and Release, 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 and Release.
6. Plaintiff and the County acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective owners,principals, officials, officers,
[16-0090-CA/1253509/1] 2
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employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses, heirs,and affiliates.
7. Plaintiff and the County recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release shall be 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.
S. Plaintiff and the County acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release 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.
9. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
10. In the event of an alleged breach of this Agreement and Release, Plaintiff and the
County agree that all underlying causes of action or claims of Plaintiff have been extinguished
by this Agreement and Release and that the sole remedy for breach of this Agreement and
Release 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 he in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
11. This Agreement and Release shall be governed by the laws of the State of Florida.
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12. Plaintiff shall be solely responsible for payment and satisfaction of any liens 4,
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
OF COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk DONNA FIALA,Chairman
Approved as to form and legality: AS TO PLAINTIFF:
Kevin L. Noell DOU#r AS HOLDRII ` . Plaintiff
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER ,n,�``// �A
The foregoing instrument was acknowledged before me this ! day of "/�l ,
2016, by DOUGLAS HOLDRIDGE, who is (?( ) personally known to me or ( ) produced
as identification. _ 'r
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(Signature of Notary Public - State of Florida)
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