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Agenda 11/13/2018 Item #16K1011/13/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17-CA-1201), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for $30,000, with payment to be made by non-parties and no contribution made by Collier County. OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Frederick Stevens for $30,000.00, to be paid solely by non-parties, and authorize the Chair to execute the Settlement Agreement and Release. CONSIDERATIONS: Plaintiff Frederick Stevens alleges that on December 8, 2015, while working for Area Wide Protective, Inc. setting up traffic control devices along Magnolia Pond Road, he stepped into an uncapped water meter valve that was hidden from view due to tall grass. Plaintiff alleges he suffered a torn meniscus to his right knee because of the accident, received several months of physical therapy, and subsequently underwent surgery to repair the torn meniscus. Plaintiff’s medical bills total approximately $26,815.98. During the time of the subject incident Plaintiff was performing work in the County’s right -of-way, pursuant to a permit pulled by a non-party entity. In addition, a second non-party entity, which owned the land that abutted the County’s right-of-way, had mowed the grass in the area for the months leading up to the incident. The County Attorney’s Office obtained agreements from the first entity, and the insurer for the second entity, to contribute a fixed amount toward settlement, and avoid the likely higher cost of protracted litigation. At mediation a tentative settlement was reached for $30,000.00 to resolve the lawsuit, including Plaintiff being responsible to satisfy all outstanding liens and medical expenses, and the non-parties paying the settlement amount. It is the County Attorney and Risk Management Department’s position that this settlement is reasonable given there will be no funds expended by the County and the lawsuit will be dismissed. FISCAL IMPACT: There is no fiscal impact, as non parties will be paying the entire settlement amount. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - KLN RECOMMENDATION: For the Board of County Commissioners to accept the tentative settlement in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17-CA-1201), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and authorize the Chair to execute the Settlement Agreement and Release. PREPARED BY: Kevin L. Noell, Assistant County Attorney Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Settlement Agreement and Release-Stevens (PDF) 16.K.10 Packet Pg. 2165 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.10 Doc ID: 7266 Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17 - CA-1201), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for $30,000, with payment to be made by non-parties and no contribution made by Collier County. Meeting Date: 11/13/2018 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 11/06/2018 2:55 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 11/06/2018 2:55 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 11/06/2018 3:05 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/06/2018 4:06 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/06/2018 4:09 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2018 7:55 AM Budget and Management Office MaryJo Brock Additional Reviewer Skipped 11/07/2018 9:13 AM County Attorney's Office MaryJo Brock CAO Preview Skipped 11/07/2018 9:14 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/07/2018 9:15 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.K.10 Packet Pg. 2166 16.K.10.a Packet Pg. 2167 Attachment: Settlement Agreement and Release-Stevens (7266 : Approve Settlement Agreement in Frederick Stevens v. Collier County, Case 16.K.10.a Packet Pg. 2168 Attachment: Settlement Agreement and Release-Stevens (7266 : Approve Settlement Agreement in Frederick Stevens v. Collier County, Case 16.K.10.a Packet Pg. 2169 Attachment: Settlement Agreement and Release-Stevens (7266 : Approve Settlement Agreement in Frederick Stevens v. Collier County, Case 16.K.10.a Packet Pg. 2170 Attachment: Settlement Agreement and Release-Stevens (7266 : Approve Settlement Agreement in Frederick Stevens v. Collier County, Case 16.K.10.a Packet Pg. 2171 Attachment: Settlement Agreement and Release-Stevens (7266 : Approve Settlement Agreement in Frederick Stevens v. Collier County, Case