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Agenda 04/13/2010 Item #16K 2 Agenda Item No. 16K2 April 13, 2010 Page 1 of2 EXECUTIVE SUMMARY Recommendation to approve the mediation settlement in the lawsuit filed by James Cooney and Rosemary Cooney against the Board of County Commissioners, in Collier County Circuit Court, for the sum of $6,605.00 and authorize the Chairman to execute the Settlement Agreement. OBJECTIVE: Recommendation to accept the mediation settlement in the lawsuit filed by James Cooney and Rosemary Cooney, husband and wife, against the Board of County Commissioners, in Collier County Circuit Court, for the sum of $6,605.00 and authorize the Chairman to execute the Settlement Agreement. CONSIDERATIONS: On August 25, 2006, Plaintiff, James Cooney, alleges he was injured when he jumped into a swimming pool at North Collier Regional Park and hit his leg on a tiled bench. At the time that Mr. Cooney negligently jumped into the County swimming pool, Mr. Cooney allegedly suffered a three inch laceration to his right shin. The Plaintiff, James Cooney and his wife, Rosemary Cooney, filed suit against the County alleging negligence and loss of consortium. Collier County denies any liability, and there is no evidence that there was any defect in the swimming pool or with the underwater bench. The parties have completed discovery, including depositions. On March 12, 2010, the parties engaged in Court ordered mediation and reached a full settlement of $6,605.00. Based on the County's investigation, Plaintiffs medical bills and lost wages, the $6,605.00 settlement is reasonable. Plaintiff incurred approximately $1,800.00 in medical bills and alleges $800.00 in lost wages. If this matter went to a jury trial, the trial costs would be significant. In addition to the laceration, Mr. Cooney now alleges that he has a tom ACL or meniscus as a result of this accident. Should this case go to a jury trial, Collier County would need to retain an expert witness to dispute this allegation to a reasonable degree of medical certainty. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund, and the total impact will be $6,605.00. From the settlement, Risk Management is to deposit $605.00 directly into Collier County EMS Fund 490 Cost 144610 for Plaintiffs outstanding invoice. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this case with the Risk Management Department and recommends that the Board of County Commissioners approve this Settlement Agreement. There is a significant risk of costs associated with trying this case. This item is legally sufficient for Board action. - CMG RECOMMENDATION: For the Board of County Commissioners to accept the mediation settlement in the lawsuit filed against the Board of County Commissioners by James Cooney and Rosemary Cooney, in Collier County Circuit Court, for the sum of $6,605.00 and authorizes the Chairman to execute the Settlement Agreement. PREPARED BY: Colleen M. Greene, Assistant County Attorney Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Agenda Item No. 16K2 April 13, 2010 Page 2 of 2 Recommendation to approve the mediation settlement in the lawsuit filed by James Cooney and Rosemary Cooney against the Board of County Commissioners. in Collier County Circuit Court, for the sum of $6,605 and authorize the Chairman to execute the Settlement Agreement. 4/13/20109:0000 AM Date Prepared By Colleen Greene County Attorney Assistant County Attorney County Attorney 3/23120108:45:34 AM Date Approved By Jeffrey A. Walker, CPCU, ARM Administrative Services Division Director ~ Risk Management Risk Management 3123/20108:48 AM Date Approved By Colleen Greene County Attorney Assistant County Attorney County Attorney 3123120108:18 AM Date Approved By Jeff Klatzkow Approved By OMB Coordinator County Manager's Office County Attorney 31301201011:27 AM Date Office of Management & Budget 411120108:09 AM Date Approved By Randy Greenwald OffIce of Management & Budget Approved By Sherry Pryor Office of Management & Budget Management/Budget Analyst Office of Management & Budget 4/1/201010:50 AM Management! Budget Analyst, Senior Date Office of Management & Budget 4/1/20101:13 PM Approved By Date Therese Stanley Office of Management & Budget Approved By Leo E. Ochs, Jr. County Managers Office Manager - Operations Support - Trans Office of Management & Budget 411/20103:54 PM County Manager Date County Managers Office 4/4/20102:04 PM