Agenda 09/25/2012 Item #16K2 9/25/2012 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a mediated Settlement
Agreement prior to trial in the lawsuit entitled Simina Moldovan v. Collier County, and
Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida
(Case No. 09-4781-CA) for the sum of$1,200.
OBJECTIVE: Recommendation to approve the mediation settlement in the lawsuit filed by
Simina Moldovan, against the Board of County Commissioners, for the sum of$1,200.00 and
authorize the Chairman to execute the Settlement Agreement.
CONSIDERATIONS: The Plaintiff, Simina Moldovan, alleges that she was injured when
rollerblading at Collier County's Eagle Lakes Park on March 30, 2008. Ms. Moldovan alleges
that the Park Ranger's golf cart entered the pathway suddenly, and as a result she did not have an
opportunity to stop on her rollerblades. Ms. Moldovan did not actually collide with the golf cart,
she fell because she was not able to properly operate her rollerblades. Ms. Moldovan fractured
her wrist in the fall.
The parties engaged in Court Ordered Mediation on August 28, 2012. To take this case to trial,
the County would be required to order four deposition transcripts (approx. $1,200) and depose
the Plaintiffs treating physician which would also include a witness fee for the doctor (which
could range near $1,200). After review, the County, through the Risk Management Department
and County Attorney's Office, agreed to settle this case for$1,200.00.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $1,200.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this Settlement Agreement. This settlement is based on the cost
associated with taking this case to trial. This item is legally sufficient for Board action and
requires a majority vote for approval. —CMG
RECOMMENDATION: For the Board of County Commissioners to accept the mediation
settlement in the lawsuit filed against the Board of County Commissioners by Simina Moldovan
in the Twentieth Judicial Circuit Court for the sum of$1,200.00 and authorize the Chairman to
execute the Settlement Agreement
Prepared by: Colleen M. Greene,Assistant County Attorney
09-4781-ca/3245
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9/25/2012 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
mediated Settlement Agreement prior to trial in the lawsuit entitled Simina Moldovan v. Collier
County, and Collier County,filed in the Twentieth Judicial Circuit in and for Collier County,
Florida (Case No. 09-4781-CA)for the sum of$1,200.
Meeting Date: 9/25/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
9/13/2012 9:11:37 AM
Approved By
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
Date: 9/13/2012 11:52:14 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 9/13/2012 12:22:01 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/13/2012 2:14:02 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:17:59 AM
Name: OchsLeo
Title: County Manager
Date: 9/15/2012 3:18:13 PM
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9/25/2012 Item 16.K.2.
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 September, 2012 by and between SIMINA MOLDOVAN, (hereinafter referred to
as "Plaintiff") and Board of County Commissioners for 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 Simina Moldovan
and Collier County, Florida, Case No. 09-4781-CA (hereinafter referred to as the
"Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability
or fault, desire 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 their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
WHEREAS, Plaintiff and Plaintiffs attorney agree and covenant to fully comply
with all applicable Medicare laws, liens, and Set-Asides, specifically including Section
42 USC § 1395y.
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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.
2. 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 One Thousand Two Hundred Dollars and 00/100
($1,200.00) and other valuable consideration, the receipt and adequacy of which is
hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. 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 themselves, their 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, attorney's fees, expenses and
obligations of any kind or nature whatsoever that they have 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.
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9/25/2012 Item 16.K.2.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 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.
5. Plaintiff and Plaintiffs attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC
§ 1395y,
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, 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.
8. 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.
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9/25/2012 Item 16.K.2.
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 be 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.
12. Plaintiff and Plaintiff's attorney shall be solely responsible for any
Medicare lien, other liens, or Medicare Set-Asides.
[Signature page to follow.]
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9/25/2012 Item 16.K.2.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form and By:
legal sufficiency: SIMINA MOLDOVAN, Plaintiff
Colleen M. Greene
Assistant County Attorney
By:
Zachary M. Gill, Esq.
Attorney for Plaintiff
STATE OF
COUNTY OF
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by SIMINA
MOLDOVAN, before me on this day of , 2012.
Personally Known
Signature of Notary Public or
Produced Identification
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
09-4781-ca;3246
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