Agenda 03/22/2011 Item #16K2
3/22/2011 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve settlement prior to trial in the lawsuit entitled Board of
County Commissioners v. Laboratory Corporation of America, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $3,560.93 and authorize the
Chairman to execute the Settlement Agreement and/or Release.
OBJECTIVE: Recommendation for the Board of County Commissioners to approve a
settlement in the lawsuit captioned Board of County Commissioners v. Laboratory Corporation
of America, a Foreign Profit Corporation, (hereinafter "Lab Corp") for the sum of$3,560.93 and
authorize the Chainnan to execute the Settlement Agreement.
CONSIDERATIONS: On June] 0,2009, the Defendant's employee, Stephen R. Sutherlin, was
operating a Lab Corp vehicle in lhe course and scope of his employment. Mr. SUlherIin
negligently operated said vehicle and struck a County Public Utilities vehicle temporarily
stopped on the roadway to perfonn an inspection. The damage to the County truck and
administrative costs totaled $6,421.85. Collier County made several demands to Lab Corp in an
attempt to settle the matter prior to litigation. Lab Corp repeatedly failed andlor refused to settle
this case. On March 23. 2010, Collier County tiled a lawsuit against Laboratory Corporation,
Case No. ] 0-] 074-CC, as authorized by the BCC on February 23, 2010 (Agenda Item] 6K3).
The case was scheduled for court-ordered mediation on March 3, 201] and lria1 on May ]2,
20] 1. After investigation. discussion and negotiation, the County has reached a settlement
agreement with the Defendant subject to approval by the BCC. The Defendant has offered to
settle this case for fifty percent oflhe total damages ($3,210.93) and total costs to date ($350.00).
Based on the County's investigation, discovery. and consideration of litigation costs and
expenses, this settlement is reasonable. Accepting this settlement will conclude this case and the
County will file a voluntary notice of dismissal.
FISCAL IMPACT: The settlement to be received by Collier County amounts to $3,560.93.
which will be revenue deposited into the Risk Management Department Property and Casualty
Claims Fund 516.
LEGAL CONSIDERA nONS: The County Atlomey's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this Settlement. There is risk associated wilh trying any case, and this
settlement assures that the County recovers a portion of its damages. This item requires majority
vote and is legally sufficient for Board aclion. - CMG
RECOMMENDATION: For the Board of County Commissioners to accept the settlement in
the lawsuit filed by the Board of County Commissioners against Laboratory Corporation in the
Twentieth Judicial Circuit Court for the sum of $3.560.93 and authorize the Chairman to execute
the Settlement Agreement andlor Rclease.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
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3/22/2011 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to approve settlement prior to trial in the lawsuit
entitled Board of County Commissioners v. Laboratory Corporation of America, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $3,560.93 and
authorize the Chairman to execute the Settlement Agreement and/or Release.
Meeting Date: 3/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/4/20] 14:39:17 PM
App,'o\'ed By
Name: WalkerJeff
Title: Director - Risk Management.Risk Management
Date: 3/7/20] I 8:27:33 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/7/2011 3:22:38 PM
Name: StanleyTherese
Title: Management/Budget Analyst. Scnior,Office ofManagemcnt & Budget
Date: 3/7120 I] 4:24: I 5 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/9120 I I 4:32:50 PM
Name: IsacksonMark
Title: Dircctor-Corp Financial and Mgmt Svs.CMO
Date: 3/14/201 I 1 :40:43 PM
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3/22/2011 Item 16.K.2.
General Release
KNOW ALL MEN BY THESE PRESENTS that BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, their heirs, assigns, legal representatives,
successors and personal representatives, hereinafter referred to as the Releasing
Parties for and in consideration of the total sum of THREE THOUSAND FIVE
HUNDRED SIXTY DOLLARS AND NINETY-THREE CENTS, ($3,560.93), which sum
includes $350,00 in court costs incurred by the County, receipt of which is hereby
acknowledged, have released, acquitted, and discharged, and by these presents do
hereby release, acquit, and forever discharge LABORATORY CORPORATION OF
AMERICA, and their insurers, all of their parent corporations, subsidiaries, and affiliates,
including all officers, directors, and employees, past and present, any reinsurer or
insured thereof, and employees, their respective administrators, successors, assigns,
employees, agents, attorneys, officers, directors, and representatives, hereinafter
referred to as the Released Parties, of and from any and all claims, actions, causes of
action, damages or demands, both compensatory and punitive, in whatever name or
nature, in tort, in contract or by statute, in any manner arisen, arising, or growing out of
any and all damages, expenses, or losses sought or claimed, of whatever name or
nature, past, present, or future, which in any way arise out of or were the result of an
accident occurring on or about June 10, 2009 at or near 1660 Medical Blvd. in Naples,
Collier County, Florida.
This release covers and any all claims of the Releasing Parties for property
damages, and all other claims of consequential damages and expenses which have
arisen, arise, or which may hereafter arise out of the incidents or matters which were
alleged in, or could have been alleged in Case No 10-1074 CC in the County Court in
and for Collier County, Florida. Further, the Re!easing Parties hereby agreed to
indemnify, to save, defend, and hold harmless the Released Parties from any and all
claims, subrogated interests, or liens of any third parties including, but not limited to the
United States, the State of Florida, any governmental entity lien, attorney's fee, charging
liens, any local county, city, state or federal government liens, Interna! Revenue Service
liens, and any and all other subrogated interests or liens, regardless of their source.
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3/22/2011 Item 16.K.2.
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The Releasing Parties acknowledge that it is their responsibility to satisfy any of the
foregoing liens or subrogated interests from the proceeds of this settlement.
The Releasing Parties further agree to release, acquit and forever discharge the
Released Parties for any claim or claims for bad faith or extra-contractual damage
claims of any nature arising out of the investigation, claims handling and/or adjustment
of claims arising from the June 10, 2009 accident. The Releasing Parties specifically
acknowledge and agree that this release shall operate to release all such claims,
whether or not the same were specifically litigated in Case No. 10-1074 CC The
Releasing and Released Parties further agreed that the terms of this Release and any
amount paid shall remain that the terms of this Release and any amount paid shall
remain CONFIDENTIAL, including the names of the Released Parties.
ALL PARTIES TO THIS GENERAL RELEASE ARE TO BEAR THEIR
OWN RESPECTIVE ATTORNEY'S FEES AND COSTS OR AS
OTHERWISE STATED HEREIN.
It is understood and agreed that the payment made herein is not to be construed
as an admission of any liability by or on behalf of the Released Parties; but, instead, the
monies being paid hereunder as consideration for this release are being given in order
to avoid litigation, the uncertainties stemming from litigation, as well as to protect and
secure the good name and good will of the Released Parties.
To secure this settlement and the payment of the aforesaid sum, the undersigned
hereby declare that they are of the legal age and that they relied wholly upon their own
judgment, belief, and knowledge of the nature, extent, and duration of his injuries,
disabilities and damages and that no representations or statements about any such
claims, past, present, or future, made by any physician, agent, adjuster, attorney, or
employee of the Released Parties, or their insurers, have influenced the undersigned in
making or induced the undersigned to make this settlement.
It is further acknowledged that there is no agreement or compromise on the part
of tho Rol.o.'="C'ed Partio.C' t~ do ....... f.......o.n.O '=Inv ':3l""t ....r th;n~ n~t h.o.I"oin montinnQd "nd th"t
'-' '....,v......" I~I'-''''''..... ..... '''''......t:l ......'} .......,~..... L '" ~ I...... "....'''''' _ ,"".,'-" ..... .......
the within consideration is in full and complete settlement of any and all claims,
damages, or demands of the undersigned against the Released Parties arising from or
out of any and all matters referenced in this release.
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DATED this
day of
,2011
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legal
iciency:
iv~'6
olleen M. Greene
Assistant County Attorney
3/22/2011 Item 16.K.2.
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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