Loading...
Agenda 06/08/2010 Item #16K 3 Agenda Item No. 16K3 June 8, 2010 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $8,000.00 and authorize the Chairman to execute the Settlement Agreement. OBJECTIVE: Recommendation to accept the settlement in the lawsuit filed by Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a minor, against the Board of County Commissioners for the sum of $8,000.00 and authorize the Chairman to execute the Settlement Agreement. CONSIDERATIONS: The injured party, Douglas Belanger, Jr. ("Doug"), was visiting the North Collier Regional Park on October 13, 2007, for a flag football game. Doug was running with his head down between the football field and the concession stand when he collided with a " Collier County golf cart being driven fit a.low speed by a County employee. The golf cart was being driven on a "pathway" between fields. Doug was 8 years old at the time of the alleged incident. Doug was treated at the emergency room for two lacerations to his face; some visible scarring remains today. The parties have completed discovery, including depositions. Prior to mediation scheduled on May 14, 2010, the parties reached a full settlement of $8,000.00. Based on the County's investigation, discovery and Plaintiffs medical bills (approximately $2,400.00), the $8,000.00 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 $8,000.00. 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 settlement in the lawsuit filed against the Board of County Commissioners by Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a minor, in the Twentieth Judicial Circuit Court for the sum of$8,000.00 and authorize the Chainnan to execute the Settlement Agreement. PREPARED BY: Colleen M. Greene, Assistant County Attorney 08-6276-CN3605 Item Number: Item Summary: Meeting Date: Agenda Item No. 16K3 June 8, 2010 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $8,000 and authorize the Chairman to execute the Settlement Agreement. 6/8/2010 9:00:00 AM Prepared By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 5/20/2010 11 :,36:19 AM Approved By Jeffrey A. Walker, CPCU, ARM Administrative Services Division Director - Risk Management Date Risk Management 5/20/20101:04 PM Approved By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 5/20/20103:19 PM Approved By Jeff Klatzkow County Attorney Date Approved By 5/26/20109:25 AM OMS Coordinator County Manager's Office Date Office of Management & Budget 5/26/20109:40 AM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 6/1/20108:41 AM Approved By Leo :::. Ochs. Jr. County ManagE;:rs Office County Manager Date Count}fManagers Office 61112010 S:32 AM'