Agenda 06/08/2010 Item #16K 1
Agenda Item No. 16K1
June 8, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled
Madeline Buonomo v. Collier County, Florida, filed in the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $52,500.00 and authorize the Chairman to
execute the Settlement Agreement.
OBJECTIVE: Recommendation to accept the mediation settlement in the lawsuit filed by
Madeline Buonomo against the Board of County Commissioners for the sum of $52,500.00 and
authorize the Chairman to execute the Settlement Agreement.
CONSIDER..\. TIONS: The Plaintiff, Madeline Buonomo, was attending a company picnic at
Collier County's Vineyards Park on November 2, 2008. Mrs. Buonomo alleges that when she
was walking on a park sidewalk toward the restroom that she tripped and fell on a large crack in
the sidewalk. According to Mrs. Buonomo the crack was approximately two inches,' however
she could not see the crack due to tree shadows. Mrs. Buonomo was 82 years old at the time of
the alleged incident.
After her fall, Mrs. Buonomo was transported to the emergency room at the Physicians Regional
Medical Center. Later that week, Mrs. Buonomo had surgery to repair her fractured left patella.
Mrs. Buonomo continues to experience significant pain as a result of this accident.
On May 12,2010, the parties engaged in Court-ordered mediation and reached a full settlement
of $52,500.00. Based on the County's investigation, discovery and Plaintiffs medical bills
(approximately $29,000.00), the $52,500.00 is reasonable. The Plaintiff also has a Medicare lien
of $6,000.00 and a supplement of $1 ,200.00. If this matter went to a jury trial, the trial costs and
risk of a substantial jury verdict would be significant.
FISCAL IMPACT: Funds are budgeted and available 111 Fund 516, Property & Casualty
Insurance Fund, and the total impact will be $52,500.00
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
RECOMMEND A TION: For the Board of County Commissioners to accept the mediation
settlement in the lawsuit filed against the Board of County Commissioners by Madeline
Buonomo in the Twentieth Judicial Circuit Court for the sum of $52,500.00 and authorize the
Chairman to execute the Settlement Agreement.
PREPARED BY:
, Colleen M. Greene, Assistant County Attorney
09-9312-CN3729
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
June 8, 2010
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled
Madeline Buonomo v, Collier County, Florida, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, for the sum of $52,500 and authorize the Chairman to execute the
Settlement Agreement
6/8/20109:00:00 AM
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
5/20/201011 :05:53 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Division
Director - Risk Management
Date
Risk Management
5/20/20101:03 PM
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
5/20/20103:20 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
5/26/20109:21 AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
5/26/20109:39 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
611/20108:39 AM
Approved By
Leo E. Ochs. Jr.
County Manage~s O.ffice
County Manager
Date
,County Managers Office
611/20109:31 AM