Agenda 01/08/2019 Item #16K 101/08/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement and
Mutual Release in the lawsuit styled Louis M. Paternostro v. Regent Park Villas I Association, Inc.
and Collier County (Case No. 17-CA-001508), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of $23,500.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Louis M. Paternostro
for the sum of $23,500 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of a trip and fall incident that occurred January 8, 2016,
on a County sidewalk near 10740 Regent Circle, Naples, Florida. Plaintiff tripped on a raised portion of
sidewalk and suffered a shoulder fracture. His wife transported him to the Naples Community Hospital
and he underwent emergency surgery to repair the left shoulder fracture and dislocation. Plaintiff
subsequently underwent several months of physical therapy to rehabilitate and strengthen the left
shoulder. Plaintiff’s medical records note that he has limited range of motion, sporadic shoulder pain, and
limitations to his daily activities because of the injury. His medical bills total $53,103.58.
The County commenced discovery, conducted depositions and participated in Court-ordered mediation.
A tentative settlement was reached for $23,500 to resolve the lawsuit. Co-Defendant Regent Park Villas
was incorrectly made a defendant in this case, as the Plaintiff’s attorney initially believed it owned and
maintained the subject sidewalk.
It is the County Attorney and Risk Management Department’s position that this settlement is reasonable
given the County’s exposure for the accident itself and the cost of defense through trial, including expert
witness retention.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance fund
and the total impact will be $23,500.
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, mediated
settlement for the sum of $23,500 in the lawsuit styled Louis M. Paternosro v. Regent Park Villas I
Association, Inc. and Collier County (Case No. 17-CA-001508), 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 Mutual Release.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Memorandum of Settlement (PDF)
16.K.1
Packet Pg. 1725
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 7487
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement and Mutual Release in the lawsuit styled Louis M. Paternostro v. Regent Park Villas I
Association, Inc. and Collier County (Case No. 17-CA-001508), now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $23,500.
Meeting Date: 01/08/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
12/04/2018 8:21 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/04/2018 8:21 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 12/04/2018 8:24 AM
County Attorney's Office Michael Cox Level 2 Attorney Review Skipped 12/26/2018 3:49 PM
County Attorney's Office Michael Cox CAO Preview Skipped 12/26/2018 3:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2018 4:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/27/2018 7:33 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/27/2018 9:56 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.K.1
Packet Pg. 1726
16.K.1.a
Packet Pg. 1727 Attachment: Memorandum of Settlement (7487 : Authorize Chair to execute Settlement Agreement in Paternostro v. CC, Case No. 17-CA-1508)
16.K.1.a
Packet Pg. 1728 Attachment: Memorandum of Settlement (7487 : Authorize Chair to execute Settlement Agreement in Paternostro v. CC, Case No. 17-CA-1508)