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Agenda 02/13/2018 Item #16K702/13/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Teresa E. Monty v. Collier County Board of County Commissioners (Case No. 16-CA-002155), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for $112,500. ______________________________________________________________________________ OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Teresa E. Monty for the total sum of $112,500 and authorize the Chair to execute the Settlement Agreement and Mutual Release. CONSIDERATIONS: This lawsuit arises out of an accident that occurred to Plaintiff Teresa Monty on April 5, 2015 at the 951, Collier County boat ramp. Plaintiff was boarding her friend’s boat from the dock area, when she put her hand on a concrete piling and boat bumper area, to stabilize herself as she stepped down into the boat. As she stepped down, a ring she was wearing on her right, pinky finger became lodged on a raised and exposed nail head. As her right pinky finger was lodged under the nail head, she stepped fully down with her body weight into the boat and felt immediate pain in her right hand. She looked at her hand and half of her right, pinky finger had been amputated, due to the ring being lodged under the nail head. Two witnesses testified at deposition that they observed the appendage and ring attached to the nail, with several inches of tendons also attached, as they looked to see what had caused the Plaintiff’s injury at the scene. It was later discovered, that the nail had previously secured a cover for the bumper, and the cover had been removed prior to the incident, leaving the raised nail on the top of the bumper. Plaintiff was transported, via ambulance, to the emergency room and underwent wound closure. She later underwent several months of physical therapy and a ray resection surgery, to remove the remaining pinky bone, a few months after the initial injury. Plaintiff has received ongoing treatment for complaints of phantom pain and permanent nerve damage due to the amputation. She is teacher and is right handed, dominant. The County commenced discovery, conducted depositions and participated in Court-ordered mediation. A tentative settlement was reached for $112,500 to resolve the lawsuit, including Plaintiff being responsible to satisfy 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 experts in several disciplines. FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty Insurance fund and the total impact will be $112,500. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for approval. - KLN RECOMMENDATION: For the Board of County Commissioners to accept the tentative settlement in the lawsuit styled Teresa E. Monty v. Collier County Board of County Commissioners (Case No. 16-CA- 002155), 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. 16.K.7 Packet Pg. 1605 02/13/2018 PREPARED BY: Kevin L. Noell, Assistant County Attorney Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Monty Settlement Agreement - attorney signed (PDF) 16.K.7 Packet Pg. 1606 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 4783 Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Teresa E. Monty v. Collier County Board of County Commissioners (Case No. 16-CA-002155), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for $112,500. Meeting Date: 02/13/2018 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 02/05/2018 4:47 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/05/2018 4:47 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 02/05/2018 4:51 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/07/2018 8:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/07/2018 8:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/07/2018 8:59 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 02/07/2018 9:27 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/07/2018 10:00 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.K.7 Packet Pg. 1607 16.K.7.a Packet Pg. 1608 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County) 16.K.7.a Packet Pg. 1609 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County) 16.K.7.a Packet Pg. 1610 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County) 16.K.7.a Packet Pg. 1611 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County) 16.K.7.a Packet Pg. 1612 Attachment: Monty Settlement Agreement - attorney signed (4783 : Settlement Agreement - Monty v Collier County)