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Agenda 04/23/2019 Item #16K3 (Mediated Settlement - Severe/Joseph)04/23/2019 EXECUTIVE SUMMARY Recommendation to approve the settlement in the lawsuit styled Garry Severe and Falloune Joseph v. Collier County (Case No. 18-CA-1080), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of $20,000, and authorize the Chair to execute the Memorandum of Mediated Settlement. _____________________________________________________________________________________ OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Garry Severe and Falloune Joseph, for the sum of $20,000, and authorize the Chair to execute the Memorandum of Mediated Settlement. CONSIDERATIONS: This lawsuit arises out of vehicle accident that occurred on March 30, 2017 on Davis Blvd., near the intersection with West Crown Point Blvd. Plaintiff was stopped in his vehicle at a pedestrian cross walk at the time of the accident. A second vehicle then stopped directly behind the Plaintiff’s vehicle. At that time, a third vehicle, owned by the County a nd operated by an on-duty staff member, struck the back of the second vehicle and caused it to strike the rear of the Plaintiff’s vehicle. The Plaintiff’s vehicle was later declared a total loss due to the damage sustained. At the scene, Plaintiff was transported to Physicians Regional via ambulance due to complaints of neck and back pain. He ultimately underwent several months of physical therapy and chiropractic manipulation therapy. Plaintiff was diagnosed with neck and lower back radiculopathy, ongoi ng muscle spasms, disc bulges, and ongoing headaches. He received a permanent impairment rating of 3% due to the cervical injury, and 3% due to the lumbar injury, by a local neurologist, Dr. Kandel. His medical bills total approximately $27,753.67. Plaintiff Joseph, who is the wife of Plaintiff Severe, has also brought a claim for loss of consortium, alleging that her husband’s injuries have caused a negative impact on their marriage. The County commenced discovery, conducted depositions and participated in Court-ordered mediation. A tentative settlement was reached for $20,000 to resolve the lawsuit on April 3, 2019. 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 and total impact will be $20,000. 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 $20,000 in the lawsuit styled Garry Severe and Falloune Joseph v. Collier County (Case No. 18-CA-1080), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and authorize the Chair to execute the Memorandum of Mediated Settlement. PREPARED BY: Kevin L. Noell, Assistant County Attorney Jeffrey A. Klatzkow, County Attorney 16.K.3 Packet Pg. 2488 04/23/2019 ATTACHMENT(S) 1. Memorandum of Mediated Settlement (PDF) 16.K.3 Packet Pg. 2489 04/23/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 8662 Item Summary: Recommendation to approve the settlement in the lawsuit styled Garry Severe and Falloune Joseph v. Collier County (Case No. 18-CA-1080), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of $20,000, and a uthorize the Chair to execute the Memorandum of Mediated Settlement. Meeting Date: 04/23/2019 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 04/17/2019 8:53 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/17/2019 8:53 AM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 04/17/2019 8:56 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 04/17/2019 12:29 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/17/2019 1:07 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/17/2019 2:50 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 04/17/2019 2:52 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/17/2019 3:12 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM 16.K.3 Packet Pg. 2490 16.K.3.a Packet Pg. 2491 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080) 16.K.3.a Packet Pg. 2492 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080) 16.K.3.a Packet Pg. 2493 Attachment: Memorandum of Mediated Settlement (8662 : Settlement in the lawsuit -Garry Severe v Collier County 18-CA-1080)