Loading...
Agenda 05/28/2019 Item #16K 2 (Settlement Agreement - Jerome)05/28/2019 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the case styled Marie Michelle Jerome v. Collier County (Case No. 18-CA-2065), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of $8,230.15. ___________________________________________________________________________________ OBJECTIVE: Recommendation to approve the tentative settlement in the case styled Marie Michelle Jerome v. Collier County, for the sum of $8,230.15, and authorize the Chair to execute the Settlement Agreement. CONSIDERATIONS: This lawsuit arises out of an incident that occurred at the CAT transfer station, located at 3555 East Tamiami Trail, Naples, Florida, on December 6, 2016. Ms. Jerome alleges she was attempting to enter the station when she received a deep laceration to her left foot, and partial avulsion injury to the greater toe nail of her left foot, due to sharp metal in the hole of the door’s lock housing, on the threshold of the door. Due to the bleeding at the scene, the paramedics were called, and she was transported to Naples Community Hospital. At the hospital, her foot was x-rayed to ensure no fractures, the laceration and nail bed were cleaned, and a skin adhesive was applied to close the laceration. She was discharged with antibiotics and pain medication. Over the next several weeks, Ms. Jerome complained of experiencing ongoing pain in her foot, that radiated up her leg, and she was referred to a foot specialist. The specialist removed her greater toe nail completely and an MRI was performed to rule out fractures and other contributing abnormalities. She was continued on a second course of antibiotics and pain medication. Over the next several months, Ms. Jerome continued to complain of ongoing pain to the impacted foot. The County commenced discovery and depositions have been conducted. The plaintiff’s medical bills total approximately $13,037.45. After on-going negotiations, a tentative settlement has been reached for $8,230.15 to resolve the lawsuit. 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 costs that will be incurred to participate in court-ordered mediation and 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 $8,230.15. 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 for the sum of $8,230.15 in the lawsuit styled Marie Michelle Jerome v. Collier County and authorize the Chair to execute the Settlement Agreement. ATTACHMENT(S) 1. Settlement Agreement-Jerome (PDF) 16.K.2 Packet Pg. 1408 05/28/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 9039 Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the case styled Marie Michelle Jerome v. Collier County (Case No. 18 -CA-2065), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, for the sum of $8,230.15. Meeting Date: 05/28/2019 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 05/20/2019 11:24 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 05/20/2019 11:24 AM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 05/20/2019 1:40 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 05/20/2019 3:03 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/20/2019 3:49 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/21/2019 9:00 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 05/21/2019 9:36 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 10:27 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM 16.K.2 Packet Pg. 1409 16.K.2.a Packet Pg. 1410 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA- 16.K.2.a Packet Pg. 1411 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA- 16.K.2.a Packet Pg. 1412 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA- 16.K.2.a Packet Pg. 1413 Attachment: Settlement Agreement-Jerome (9039 : Approval of Settlement Agreement in Marie M. Jerome v. Collier County, Case No. 18-CA-