Agenda 06/24/2008 Item #16K 3
Agenda Item No. 16K3
June 24, 2008
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve settlement at mediation prior to trial in the lawsuit entitled
Leticia Rocha as the Personal Representative of the Estate of Diana Lopez, Decesed, et aI, vs.
Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 07-359-CA, for $110,000.00.
OBJECTIVE: For the Board of County Commissioners to approve settlement at mediation prior
to trial, whereupon the County would pay $110,000,00, and the lawsuit and all claims against the
County would be dismissed with prejudice.
CONSIDERATIONS: On January 27, 2006, Deceased, Diana Lopez, was operating her Ford
Expedition on 1-75, Westbound, at Mile Marker 63. Herright-rear tire blew out causing her vehicle
to go off the roadway, rolling over, and ultimately ejecting the deceased. Deceased was morbidly
obese and when our Med-Flight arrived at the scene, it chose not to transport her due to her body
size, An ambulance then transported her and, after twenty-three miles, the ambulance broke down.
It was then necessary to obtain a second ambulance and when that ambulance arrived, it transported
her to the Naples Community Hospital.
The ambulance breaking down delayed the Deceased's arrival at the hospital by somewhere
between thirty-five and forty-five minutes, Deceased's vital signs were good up until somewhere
between ten minutes and five minutes from the hospital, when she became apneic (stopped
breathing) and pulseless, Upon arrival at the hospital, she was pronounced dead some fifteen
minutes later. Suit was brought against the County on the basis of negligently failing to transport
the Deceased by helicopter and, additionally, by negligently maintaining our ambulance so that the
delay in getting her to the hospital was a substantial factor in causing her death, The Deceased not
only had a claim for three hours of pain and suffering, as well as economic loss to the estate, but she
was also the care giver and sole support of her two disabled parents who lived with the Deceased
and they made a separate claim.
Based upon the happening of the accident, County's investigation, the depositions of various
medical doctors, mechanical engineers, and accident reconstruction safety experts, settlement at
mediation in the sum of $110,000,00 is reasonable under the circumstances. If this matter went to
trial, the trial costs for an emergency room doctor, a trauma surgeon, an aviation safety expeli, an
accident reconstructionist, a biomechanical engineer, and an economist and the pre-trial depositions
of those witnesses would range between $45,000,00 and $65,000,00. Therefore, trial costs alone
make this settlement reasonable under the circumstances.
FISCAL IMPACT: The settlement offer recommended by staff amounts to $110,000.00. Funds
are budgeted and available in the Risk Management Property & Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
I\genda Ii em No. 16K3
June 24. 2008
Page 2 of 3
LEGAL CONSIDERA nONS: PlaintifTs assert that the County negligently failed to transport the
Deceased by Med-Flight and when transporting her by ambulance, the County negligently
maintained its ambulance so that it broke down, causing an unnecessary delay in obtaining medical
treatment The County denied liability. Both the County Attorney and the Risk Management
Department opine that settlement in the sum of $ I 10,000 for all of Plaintiffs' claims is reasonable
and cost effective based upon all the circumstances listed above,
RECOMMENDA nON: That the Board of County Commissioners approve the settlement
proposal of $110,000.00 for the Plaintiffs and authorize the Chairman of the Board of County
Commissioners to execute all necessary documents,
PREPARED BY: William E. Mountford, Assistant County Attorney
H:public;BCC Agenda Items
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item rjo. 16K3
June 24, 2008
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to approve settlement at mediation pnor to trial in the lawsuit entitled
Leticia Rocha as the Personal Representative of the Estate of Diana Lopez, Deceased, e1. ai,
vs. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida.
Case No 07-359-CA, lor$110.000 00.
6/24/200890000 AM
Prepared By
Kay Nell
County Attorney
Certified Legal Assistant
Date
County Attorney
6/12/200810:22:20 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Management Director
Date
Risk Management
6/12/200810:32 AM
Approved By
Jeff Ktatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/12/2008 11 :40 AM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
6112/20084:18 PM
Approved By
John A. Y onkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
6/12/20087:33 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/13120082:28 PM
filp'//r'\A"pnrl"Tp,t\F~n()rt\ 110-I"n~%?md %?mnO~1 1 (, %?OrnN"r::NT%?nA..r::NOAI 1
(,/1 ~nnn~