Agenda 12/01/2009 Item #16K 5
Agenda Item No. 16K5
December 1, 2009
Page 1 of 3
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EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to settle a lawsuit filed against the
Board Of County Commissiouers by Brian Anderman, an East Naples firefighter, in
Collier County Circuit Court, for the sum of $20,000.00 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 by Brian Anderman, an East
Naples firefighter, in Collier County Circuit Court, for the sum of $20,000 and authorize the
Chairman to execute the Settlement Agreement.
CONSIDERATIONS: Mr. Anderman's complaint, dated October 30, 2006, alleges that he
injured his back while operating a Collier County EMS stretcher on July 18, 2004. Mr.
Anderman was working as an East Naples firefighter when both Collier County EMS and East
Naples Fire District arrived to an emergency calL Mr. Andennan voluntarily removed the
stretcher from the back of the ambulance without any assistance. Mr. Andennan admits that he
was properly trained to use two people to remove the stretcher from the ambulance. Mr.
Anderman alleges that the stretcher failed in that the stretcher legs failed to "lock" into place,
causing Mr. Andelman to collapse with the stretcher causing injury to his back. There were no
witnesses to this alleged event, and accordingly Collier County denies that the injury occurred as
- alleged.
The parties have completed extensive discovery including depositions and two mediations, Mr.
Anderman also named the stretcher manufacturer and maintenance companies as defendants in
his lawsuit. These parties have reached a confidential settlement agreement.
One weakness in the case for both parties is the inability to specifically identify the stretcher in
question. This is due in part to Mr. Anderman failing to report the injury to Collier County EMS
and failing to make the County aware that there was a potential problem with the stretcher. In
fact, the emergency call was completed and the patient was transferred on the same stretcher
successfully.
Mr. Anderman suffered extensive injuries which he alleges are based on the incident at issue,
Mr. Anderman had two lumbar surgeries and extensive physical therapy. His workers'
compensation lien is over $850,000. However, Mr. Anderman also had a significant history of
playing sports including a documented injury to his spine while playing soccer in high school
(1992), Due to the extensive mcdical damages and a complicated medical history, this case
would require at least one medical expert witness whose cost could exceed $12,000 including a
compulsory medical exam of the plaintiff and testimony at triaL
This case would also require an economist to explain the damages to the jury and the past and
future lost wages that Mr. Andennan is claiming, This could potentially cost another five to ten
thousand dollars.
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Agenda Item No, 16K5
December 1, 2009
Page 2 of 3
As discussed, there is significant expense associated with trying this case, Collier County would
face at least $20,000 (twenty thousand dollars) in expert witness fees, There is also potential for
the jury to find for the Plaintiff due to his significant injuries and loss of career as a firefighter..
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund, and the impact will be $20,000,00,
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, This item is legally sufficient for Board action, - CMG
RECOMMENDATION: For the Board of County Commissioners to authorize the County
Attorney to settle the lawsuit filed against the Board of County Commissioners by Brian
Andennan, an East Naples firefighter, in Collier County Circuit Court, for the sum of $20,000
and authorize the Chairn1an to execute the Settlement Agreement.
PREPARED BY:
Colleen M, Greene, Assistant County Attomey
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Agenda Item No. 16K5
December 1, 2009
Page 3 of3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Recommendation to authorize the County Attorney to settle a lawsuit filed against the Board
Of County Commissioners by Brian Anderman, an East Naples firefighter, in Coilier County
Circuit Court, for the sum of $20,000.00 and authorize the Chairman to execute the
Settlement Agreement.
12/1 120099:00:00 AM
Meeting Date:
Prepared By
Colleen Greene Assistant County Attorney Date
County Attorney County Attorney 11117120099:38:50 AM
Approved By
Colleen Greene Assistant County Attorney Date
County Attorney County Attorney 11/17120099:43 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM Director ~ Risk Management Date
Administrative Services
_..v_ Division Risk Management 111171200911:20 AM
Approved By
Jeff Klatzkow County Attorney Date
11117120093:01 PM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11/18120099:45 AM
Approved By
John A. Yonkosky Director w Management and Budget Date
Office of Management & Office of Management & Budget 11/18120094:21 PM
Budget
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