Agenda 09/11/2012 Item #16K49/11/2012 Item 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a settlement agreement prior to trial in the lawsuit entitled
Board of County Commissioners, Collier County, Florida, v. Paul R. Pransky, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 10- 3654 -CC to
settle a property damage claim for the sum of $3,500 and authorize the Chairman to
execute the Release.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by the County
against Paul R. Pransky, for the sum of $3,500.00 and authorize the Chairman to execute the
Release.
CONSIDERATIONS: On August 29, 2007, Paul R. Pransky drove off U.S. 41 and struck a
new Collier County 2007 Ford bucket truck, which was parked off the side of the road. The
County truck had its lights flashing while performing maintenance work at the time it was struck.
The vehicle was repaired at a cost to the County of $54,316.72. Communications with Mr.
Pransky's insurer, Allstate, were made during the time the truck was being repaired apprising
them of the status. Once the vehicle was fixed, an invoice was forwarded to Allstate for the
amount of $54,316.72. Based on the County's demand, Allstate paid $45,045.29 in damages.
The County filed a lawsuit in County Court to attempt to recover the difference in costs
(approximately $9,000).
The parties engaged in Court Ordered Mediation on June 1, 2012, and an impasse was reached.
Trial was scheduled for August 6, 2012. The parties have agreed to settle this case for
$3,500.00, with each party to bear its own fees and costs. Accepting this settlement will allow
the County to recover 90% of total damages and conclude this case. The County will file a
voluntary notice of dismissal with prejudice.
FISCAL IMPACT: The settlement to be received by Collier County is $3,500.00, which will
be revenue deposited into the Risk Management Department Property and Casualty Claims Fund
516 Cost Center 121650- 369130.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This settlement has been reviewed and approved by the Risk
Management Department and County Attorney's Office. The Release is legally sufficient. The
County successfully collected 90% on this claim. 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. Paul R. Pransky, (Case
No. 10- 3654 -CC), to settle a property damage claim resulting from an automobile accident for
the total settlement amount of $3,500.00 and authorize the Chairman to execute the Release.
Prepared by: Colleen M. Greene, Assistant County Attorney
08.0177/4126
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9/11/2012 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation to approve a settlement agreement prior to trial in the
lawsuit entitled Board of County Commissioners, Collier County, Florida, v. Paul R. Pransky, filed
in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 10- 3654 -CC to settle
a property damage claim for the sum of $3,500 and authorize the Chairman to execute the
Release.
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/30/2012 12:28:59 PM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 8/30/2012 12:46:14 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/31/2012 9:22:28 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/31/2012 10:49:13 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 9/4/2012 8:38:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 1:10:43 PM
Name: IsacksonMark
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9/11/2012 Item 16.K.4.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/4/2012 2:38:35 PM
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9/11/2012 Item 16.K.4.
Claim No. 2624009275.1 BMM
Release
FOR AND IN CONSIDERATION of the payment to. me at this time of the sum of THREE THOUSAND FIVE
HUNDRED AND 001100 DOLLARS ($3,600). the receipt and suf cioncy of which is hereby acknowledged. I do
hereby and by these presents, for myself, my heirs, my personal representatives, successors and assigns fully
acquit, release and forever discharge PAUL R. PRANSKY and ALLSTATE INSURANCE COMPANY,
successors and assigns, of and from any and all actions, causes of action, claims, demands, damages, costs,
expense and compensation, including any damages incurred by me as a result of any action or claim by any. third
party or parties for damage to their property on account of, or In any way gmw tng out of, any and all known and
unknown property damages to the 2007 Ford, VIN: 1 FDAF57P37EB26056 and the consequences thereof,
Including loss of use, to result from that certain accident that occurred on or about Wednesday, August 29,
2007, at or near U.S. 41 and SR90 In Collier County, Florida..
It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, more
particularly described In the action pending in the County Court of the Twentieth Judicial Circuit, In and for Collier
County, FL, Case No, 10 -3654 CC, and that payment Is not to be construed as an admission of liabilty on the
part of PAUL. R. PRANSKY and ALLSTATE INSURANCE COMPANY, by whom liability is expressly denied. I
hereby direct my attomeys of records to dismiss the property damage claim with prey.
This release contains the entire agreement between the parties hereto, and the terms of this release are
contractual and not a more recital.
Ae4eaaa property oaWe Page 1 of 2
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9/11/2012 Item 16.K.4.
Claim No. 2624009276.1 BMM
I further represent that I have read and understand this Release.
(Caution: Read Before Signing)
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk of
Courts of Collier County, Florida
By:
Deputy Clerk
DATE:
Approved as to Legal Form and Sufficiency:
¢t r
,COLLEEN M. GREENE, ESQ.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
PAUL R. PRANSKY /ALLSTATE INSURANCE COMPANY:
BY:
Signature
BY:
Printed Name/Title
WITNESSES:
Signature
r Printed Name
Signature
Printed Name
ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER
FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR
MISLEADING INFORMATION IS GUILTY OF A FELONY IN THE THIRD DEGREE.
Release Property Damage
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9/11/2012 Item 16.K.4.
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Plaintiff,
V. Case No.: 10- 3654 -CC
PAUL R. PRANSKY,
Defendant.
SETTLEMENT AGREEMENT ORDER .
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY "), and the Defendant PAUL R.
PRANSKY, (hereinafter the "PRANSKY "), 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, PRANSKY
hereby agrees to pay, or cause to be paid, to the COUNTY the sum of $3,500.00, 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 August 29, 2007 at approximately 1:56 P.M. at U.S. 41 AND SR90 in
Collier County, Florida whereat the PRANSKY vehicle and a maintenance vehicle of the
COUNTY were involved in an accident.
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. Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
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9/11/2012 Item 16.K.4.
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
day of
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
PAUL R. PRANSKY
APPROVED this day of , 2012:
Conformed copies mailed to:
Colleen M. Greene, Esq.
Gary A. Ralph, Esq.
Judicial Assistant
VINCE MURPHY
COUNTY COURT JUDGE
Board of County Commissioners Page 2 of 2
Collier County, Florida v, Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
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