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Agenda 12/01/2009 Item #16K 4 Agenda Item No. 16K4 December 1, 2009 Page 1 of 3 --..'~' EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to settle a lawsuit filed against the Collier County Board of County Commissioners by Cornelia Surr and Thomas Surr in the Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida for the sum of $15,000.00 and authorize the Chairman to execute the Settlement Agreement. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to settle the lawsuit filed against the Board of County Commissioners hy Cornelia SUIT and her husband Thomas SUIT in the Circuit Court for the Twentieth Judicial Circuit, In and For Collier County, Florida, Case No. 07-04273 for the sum of $15,000.00, CONSIDERATIONS: On November 9, 2007, Cornelia SUIT filed suit against the Board of County Commissioners for an alleged injury she sustained on November 15, 2004. Mrs. SUIT was being assisted into an ambulance by a County employee to accompany her husband to the hospital. Mr. SUIT has also filed a claim for loss of consortium, The County timely responded to the Complaint Discovery has been completed, The County Attorney's Office, the Risk Management Department, and the Plaintiffs' attorney have negotiated a reasonable settlement in this matter. Both the County Attorney's Office and the Risk Management Department believe that it is in the best interest of the County to settle this matter for $15,000.00, ,,- Although Mrs, SUIT'S injuries are not extensive, there is potential exposure to Collier County to try this case before a jury. Mrs. SUIT was being transported by Collier County EMS because her elderly husband had a medical emergency, There is the potential for a jW)' to find the County liable for the transportation and alleged negligent assistance provided to Mrs. SUIT, Further, there is also significant expense associated with trying this case. Collier County would need to retain a medical expert to testify regarding the extent of Mrs. SUIT'S injuries and perhaps obtain a compulsory medical exam of the Plaintiff This could potentially cost the County between $10,000 (ten thousand dollars) and $I?,OOO (twelve thousand dollars), FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund, and the impact will be $15,000.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item, LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this case with the Risk Management Department and recommends that the Board of County Commissioners approve this Settlement Agreement There is a significant risk of exposure and costs associated with trying this case. As a result of this claim, the County has changed its policy so that no family members will be allowed to accompany someone on a transp011, This item is legally sufficient for Board action. - CMG -, ""..--."..".,..",.,~_.,~~ ,,,".,,.'~ .#',-_..,-_.......-- Agenda Item No. 16K4 December 1, 2009 PaGe 2 of 3 ~ RECOMMENDATION: To authorize the County Attorney to settle the lawsuit filed against the Board of County Commissioners by Cornelia SUIT and Thomas SUIT in the Circuit Court for the Twentieth Judicial Circuit, In and For Collier County, Florida, for the sum of$15,000,00 and authorize the Chainnan to execute the Settlement Agreement PREPARED BY: Colleen M, Greene, Assistant County Attorney ..". ,,-'- ,,,....._~ "'"._-,-"....., Agenda Item No. 16K4 December 1, 2009 Page 3 of 3 " COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 Recommendation to authorize the County Attorney to settle a lawsuit fiied against the Collier County Board of County Commissioners by Cornelia Surr and Thomas SUIT in the Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida for the sum of $16,000.00 and authorize the Chairman to execute the Settlement Agreement. 12/1/20099:00:00 AM Meeting Date: Prepared By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 11/17/20099:18:10 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 11117/20099:30 AM Approved By Jeffrey A. Walker, CPCU, Director - Risk Management Date ARM Administrative Services - Division Risk Management 11117/20099:36 AM Approved By Jeff Klatzkow County Attorney Date 11/17/20092:31 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/18120099:45AM Approved By John A. Yonkosky Director. Management and Budget Date Office of Management & Office of Management & Budget 11/18120094:08 PM Budget " "'~- .~..,.. .