Agenda 03/08/2011 Item #16K5
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3/8/2011IteIll16.K.5.
EXECUTIVE SUMMAR\,
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Ree9Dlmendation to authorizeditCoUllty Attomeywfile a.PropoSldfor Settlement in the
lawsuit entitled Darling Elie tIIId.Jai.luTien Elie v. ... Collier.eoUllty, et. aL, filed in the
. Twentieth Judicial Circuit<in aD,CIforCollier County, Florida, Cll$e No. 07-l463-CA, for
thesuD).of $190,000.00 and authorize th~. County Atto.~ ....4 Risk Management J).irector
. to. settle the lawsuit if the Proposal(flrSettlement is ac~"f:d.
OBJECTIVE: Recommendation to authorize the County Attorp.ey to file a Proposal for
Settlement pursuantto Fla.R. Civ. Pro. 1.442, in the lawsuit filed by ParUn.g Elie and her minor
son, Jadarrien Elie, against the Board of County Commissioners for the sum of $190,000.00 and
authorize the County .Attomey and. .Risk Management Director to settle the lawsuit. if the
Proposal for. Settlement is accepted.
CONSmERATION~:.On October 12, 2004, the Plaintiff, Darling Elie, was being transported
by Collier County EMS from Immoka1~e to North Collier Hospital while in,.labor withb~fit&t
child. Onthat night there was heavy rain and tl}e ambulan~ hydropIanedcausmgthefl111bulance
driver to lose control of the vehicle. The ambulance spun around andultiInatelyovertumed. The
ambulance itself broke apart causing the rear occupants,Plaintifi and a County. Paramedic, to be
ejected: from the ambulance. The Plaintiff suffered significant injuries causing the Plaintiff to be
airlifted to the trauma center in Lee County. The Plaintifl"schild,JadarrienElie,was bom
without any significant injury.
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The Plaintiff and her minor son fued suit against the CollierCo.unty Board of County
Commissioners and the ambulance manufacturer, Freightliner, LLC,andDalmation Corp. fIkIa
A1nerican Lafrance, LLC.
The parties have completed initial discovery, including depositions of fact and. liability
witnesses. Depositions of approximately 10. expert witnesses l'eJl1ainpending. On January. 27,
2011, the parties engaged in Court-ordered mediation but wereunahletosettlethe case. Due to
the liability Issues, the injuries Sl.lStained by the Plaintiff; and herson's loss of consortium claim,
theC()unty o.fferoo$190,000.00 to settle this claim. Florida's statutory limits are $200,000.00 as
provided in Section 768.28, Fla. Stat. The County's offer was reduced by $10,000.00 as the
County settled an()ther claim on this . case early in theliti~tion. The Plaintiff refused the
County's offer of its statutory limits. The Plaintiff's demand. remains . in . excess of statutory
limits and the County's excess insurance policy.
Based on the County's investigation, discovery and Plaintiff's .medical bills (approximately
$120,000), the $190,000.00 is reasonable offer to settle this claim. Should this matter proceed
to a jury trial, the trial costs would be significant considering the number io(expertwitnesses.
FISCALIMPAC1':Fundsarebudgeted and available in Fund 516,Property & qasualty
Insurance Fund, and the total impact will be $190,000.00.
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LEGAL CONSIDERATIONS: The Co~ty Attorney's Office has reviewed this Proposal for
Settlement with the Risk Management Department and r~ommends that the Board of County
Commissi9ners approve this action. There is a significant risk of costs>associated with trying
this case. There is also . the issue ofcolllparative negligellcc bet\Vt:tm. the. County and the
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ambulanQe manlJfacturer. It is difficult to envision how}'\jurymay ~pportionfaultbetween the
{\ twQPa,rties. This item.requires maJO:rity vote and is lega.l1ys~Jfficie1'1tforElol.II'd action. - CMG
REC0MMENDA TION: For. $eBoard. of CountyCommissi()neJ,'Sto. ~uthorize the County
Attorney to file a Proposal forSettlententinthe lawsuitentitl<<iDarlingEtieand Jadarrien Elie
v. Collier County, et. al.,. filed in the Twentieth Juc.iicialiCircuitinand. for Collier County,
Florida, Case No. 07-1463-CA,fOJ'the~of $190,OOQ.OQantli4\~tborizethe County Attorney
and Risk Management Director to settletheJawsuit if the Pt:opclsaI fQr SettJ;ement is accepted.
PREPARED BY:
ColleenM; Greene. Assistant C01ll1ty AttQmey
09-75.74-CA/3663
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3J8/2011 Item 16.K.5.
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COLLIER COUNTY
8oa.rd of County Commi~ers
Item Number: 16.K.5.
Item Summary: Recommendation to authorize the County Attorney to file a Proposal for
Settlement in the lawsuitel'ltittedOarlingElie.and JadarrienEliev..CoUie:rCounty, et. aI., filed in
the Twentieth Judicial Circuit inancl.forColUer County, Flori(.la, Case No. 07-:1463-CA, for the
sum of $190,000,,00 and authorize th. County AttorneyafJdRisk Managem.nt Director to settle
the lawsuit if th~Proposalfor Settl.ementis accepted.
MeetiN Date: 3/&/2011
Prepared By
Name: C~uKathynell
Title: Legal Secretary,County Attorney
2/24/201111:1O:J6 AM
('., App...v~ By
Name: GreeneCoUeen
Title: As~istantCounty Attorney,County Attorney
Date: 2/24120 11 11 :3.9: 17 AM
Name: 6reenwaklRandy
Title:. ManagementIBudget Analyst,.Office of Managel1lent~ a
Date: 2/24/20111:41:07 PM
Name: KlatzkowJeff
Title: (:ounty Attorney,
Date: 2/2412011 2:56:24 PM
Name: SbeffieldMic~l
Title: Manager-Busil1ess. Operations, CMO
Date: 2/24/2011.3 :30:51 PM
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