Agenda 05/25/2010 Item #16K 2
Agenda Item No. 16K2
May 25, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve the mediation settlement prior to trial in the lawsnit entitled
Phyllis Robinson and Earl Robinson v. Sutton, et aL, filed in the Twentieth Judicial Circuit
in and for Collier County, Florida, Case No. 09-7574-CA, for the sum of $81,250.00 and
authorize the Chairman to execute the Settlement Agreement.
OBJECTIVE: Recommendation to accept the mediation settlement in the lawsuit filed by
Phyllis Robinson and Earl Robinson, husband and wife, against the Board of County
Commissioners for the sum of $81 ,250.00 and authorize the Chairman to execute the Settlement
Agreement.
CONSIDERATIONS: On November 28, 2008, Plaintiff, Phyllis Robinson, was being
transported by Collier County EMS for an apparent heart condition, when the EMS ambulance
was involved in an automobile accident with a Collier County Sheriffs Office (CCSO) sport
utility vehicle. The EMS ambulance was proceeding through the intersection of Kings Way and
Davis Blvd. with lights and sirens activated when it was struck in the left rear quadrant by a
Sheriffs deputy driving a CCSO sport utility vehicle.
The collision caused the EMS ambulance to overturn on its right side, and the Plaintiff suffered
significant injuries causing the Plaintiff to be airlifted to the trauma center in Lee County. The
Plaintiff's physical injuries are currently primarily resolved.
The Plaintiff and her husband filed suit against the Collier County Board of County
Commissioners and the Collier County Sheriff's Office.
The parties have completed discovery, including depositions. On April 30, 2010, the parties
engaged in Court-ordered mediation and reached a full settlement of $162,500.00. The County
and the Sheriff's Office have agreed to split the settlement equally. Each party is responsible to
pay $81,250.00. Based on the County's investigation, discovery and Plaintiffs medical bills
(approximately $166,000), the $81,250.00 is reasonable. If this matter went to a jury trial, the
trial costs would be significant.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund, and the total impact will be $81,250.00
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. 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 Phyllis Robinson
and Earl Robinson in the Twentieth Judicial Circuit Court for the sum of $81,250.00 and
authorizes the Chairman to execute the Settlement Agreement.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
09-7574.cA/3663
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
May 25, 2010
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled
Phyllis Robinson and Earl Robinson v. Sutton, et aI., filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, Case No. 09-7574-CA, for the sum of $81 ,250 and authorize
the Chairman to execute the Settlement Agreement.
5/25/20109:00:00 AM
Date
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
5/12/20102:23:49 PM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Division
Director - Risk Management
Date
Risk Management
5/13/20109:07 AM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
5/13/20102:22 PM
Date
Approved By
Jeff Klatzkow
County Attorney
5/13/20104:37 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
5/14/20102:59 PM
Date
Approved By
Randy Greenwald
Office of Management &
Budget
ManagemenUBudget Analyst
Office of Management & Budget
5/14/20105:07 PM
Approved By
Date
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/15/20105:12 PM