Agenda 06/26/2012 Item #16K 36/26/2012 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a mediated settlement agreement prior to trial in the lawsuit
entitled Board of County Commissioners, Collier County, Florida, v. Todd Sondrini and Kesia
Sondrini, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 11- 1402 -CA to settle a property damage claim for the sum of $10,500 and authorize the
Chairman to execute the Settlement Agreement.
OBJECTIVE: Recommendation to approve the mediated settlement in the lawsuit filed by the
County against Todd Sondrini and Kesia Sondrini, for the sum of $10,500.00 and authorize the
Chairman to execute the Settlement Agreement and Release.
CONSIDERATIONS: This is a property damage case resulting from a vehicle crash. On
September 27, 2009, a vehicle owned and operated by Mr. Todd Sondrini got into an accident
with a Collier County EMS vehicle. The accident occurred at the intersection of Vanderbilt
Beach Road and Livingston Road. The EMS vehicle was responding to an emergency call
eastbound on Vanderbilt Beach Road with lights and sirens activated. Mr. Sondrini was
proceeding northbound on Livingston Road. The County claimed was that the EMS vehicle had
cleared the intersection in compliance with Florida Law and standard operating procedures, and
was proceeding through cautiously, when Mr. Sondrini disregarded the stopped vehicles,
disregarded the lights and sirens, and negligently and carelessly proceeded through the
intersection striking the EMS vehicle and causing it to roll on its side. Mr. Sondrini claimed that
he was not aware that the EMS vehicle was proceeding through the intersection against the light.
Collier County incurred damages in the amount of $21,000. Discovery yielded conflicting eye-
witness testimony with respect to whether the EMS vehicle properly cleared the intersection.
The parties engaged in Court Ordered Mediation on June 6, 2012, and agreed to settle this case
for $10,500.00, with each party to bear its own fees and costs. Accepting this settlement will
conclude this case. The County will file a voluntary notice of dismissal with prejudice.
FISCAL IMPACT: The settlement to be received by Collier County amounts to $10,500.00,
which will be revenue deposited into the Risk Management Department Property and Causality
Claims Fund 516 Cost Center 121650- 369130.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This Settlement Agreement has been reviewed and approved
by the Risk Management Department and County Attorney's Office. This item requires majority
vote and is legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to approve the mediation settlement in the lawsuit
captioned Board of County Commissioners, Collier County, Florida, v. Todd Sondrini and Kesia
Sondrini, (Case No. 11- 1402 -CA), to settle a property damage claim resulting from an
automobile accident for the total settlement amount of $10,500 and authorize the Chairman to
sign a Settlement Agreement and Release.
Prepared by: Colleen M. Greene, Assistant County Attorney
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6/26/2012 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation to approve a mediated settlement agreement prior to
trial in the lawsuit entitled Board of County Commissioners, Collier County, Florida, v. Todd
Sondrini and Kesia Sondrini, filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 11- 1402 -CA to settle a property damage claim for the sum of $10,500 and
authorize the Chairman to execute the Settlement Agreement.
Meeting Date: 6/26/2012
Prepared By
Name: CrotteauKathynell
Title: Legal SecretaryCounty Attorney
6/15/2012 10:02:06 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 6/15/2012 10:08:59 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 6/15/2012 12:01:04 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 1:02:03 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 4:50:54 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2012 9:18:13 AM
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6/26/2012 Item 16.K.3.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA — CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Plaintiff,
V.
TODD SONDRINI and KESIA SONDRINI,
his wife,
Defendants.
CASE NO.: 11- 1402 -CA
SETTLEMENT AGREEMENT ORDER
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), and the Defendants TODD
SONDRINI and KESIA SONDRINI, his wife, (hereinafter the " SONDRINIS), and hereby
present to the Court a Settlement Agreement which settles all matters in controversy between
them and which are now pending and that may arise in the future between them, in front of this
Court, or any other Court of competent jurisdiction, and state to the Court as follows:
1. Without admitting liability for the purposes stated hereinabove, SONDRINIS
hereby agree to pay, or cause to be paid, to the COUNTY the sum of $10,500.00, U.S. Dollars.
2. The parties hereto, for full and adequate consideration, receipt of which is hereby
acknowledged, hereby agree and mutually covenant to now, hereinafter, and forever release each
other from liability for any damages either may now claim, or claim in the future, from the
incident occurring on September 27, 2009 at approximately 4:20 P.M. at the intersection of
Livingston Road and Vanderbilt Beach Road in Collier County, Florida whereat the
SONDRINIS' vehicle and an emergency vehicle of the COUNTY were involved in a collision.
3. The parties hereto also mutually agree that this Settlement Agreement and the
releases contained herein shall be binding on all assigns, successors, heirs, agents, transferees,
trustees, or other representatives that either now exist or may come into existence in the future
for, or on behalf of, either of parties hereto.
Board of County Commissioners Page 1 of 2
Collier County, Florida v. Sondrini
Case No.: 11- 1402 -CA
Settlement Agreement Order
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6/26/2012 Item 16.K.3.
4. The COUNTY agrees to dismiss its action, with prejudice, in consideration of the
execution of this Agreement, and for the covenants contained herein.
5. This Settlement Agreement is subject to approval by the Board of County
Commissioners in public session.
6. Upon execution by all parties and approval of this Court, this action is dismissed
with prejudice.
This Settlement Agreement is dated this
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
App oved_as to form and legal sufficiency:
LC
een M. Greene
Assistant County Attorney
day of
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
TODD SONDRINI
KESIA SONDRINI
APPROVED this day of . 2012:
CYNTHIA A. PIVACEK
CIRCUIT JUDGE
Conformed copies mailed to:
Colleen M. Greene, Esq.
Richard G. Rosenblum, Esq.
.Judicial Assistant
Board o1'County Commissioners Page 2 of 2
Collier County. Florida v. Sondrini
Case No.: 11- 1402 -CA
Settlement Agreement Order
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