Agenda 02/14/2017 Item #16K302/14/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Loretta Kane v. Collier County (Case No. 16 -CA-00076), 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 Loretta Kane for the
total sum of $15,000 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred on November 28, 2014.
Plaintiff Loretta Kane alleges that she was walking on a County maintained sidewalk with a friend, near
10341 Gulf Shore Drive North in Naples, when she tripped and fell due to an abrupt elevation change in
the asphalt. As a result of the fall, Plaintiff sustained a laceration above her left eye, an orbital fracture on
her left side, and a C5 vertebral artery foramen fracture. Plaintiff’s medical bills total approximatel y
$26,314.71.
The Parties attended Mediation on January 19, 2017. A tentative settlement was reached for $15,000 to
resolve the lawsuit, including any and all outstanding liens and medical expenses being paid by the
Plaintiff. 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 sustained and the
amount of medical expenses incurred.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance fund
and the total impact will be $15,000.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority
vote for approval. -KN
RECOMMENDATION: For the Board of County Commissioners to accept the tentative settlement in
the lawsuit styled Loretta Kane v. Collier County (Case No. 16-CA-00076), now pending in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, Florida 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
ATTACHMENT(S)
1. Settlement Agreement-Kane 21417 (PDF)
2. Addendum to Settlement Agreement-Kane 21417 (PDF)
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02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Loretta Kane v. Collier County (Case No. 16-CA-
00076), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida.
Meeting Date: 02/14/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
02/03/2017 3:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/03/2017 3:10 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 02/03/2017 4:50 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/06/2017 10:26 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/06/2017 3:07 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 02/06/2017 3:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2017 4:27 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/06/2017 10:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
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16.K.3.a
Packet Pg. 1123 Attachment: Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1124 Attachment: Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1125 Attachment: Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1126 Attachment: Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1127 Attachment: Addendum to Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1128 Attachment: Addendum to Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1129 Attachment: Addendum to Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)
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Packet Pg. 1130 Attachment: Addendum to Settlement Agreement-Kane 21417 (2673 : Approve Settlement Agreement in Loretta Kane v. CC 16-CA-0076)