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Agenda 02/12/2008 Item #16K 3 EXECUTIVE SUMMARY Agenda Item No. 16K3 February 12, 2008 Page 1 of4 Recommendation to approve settlement after mediation in the lawsuit entitled Charles McCleafvs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-2350-CA, for $25,000.00. OBJECTIVE: That the Board of County Commissioners' approve the settlement after mediation and prior to trial, whereupon the County would approve payment of $25,000.00 to Plaintiff by its contractor and the lawsuit and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: On January 2, 2003, Plaintiff was working for County contractor D.N. Higgins, Inc., when he fell through an aluminum plate that covered a water meter hole. Plaintiff landed on his right leg, right forearm and jammed his right wrist into his shoulder. As a result of his fall, Plaintiff sustained a right wrist strain, right carpal tunnel syndrome, and acute gout. Plaintiff incurred medical expenses of approximately $5,000,00 and lost wages of approximately $6,000.00, After service of the Summons and Complaint upon the County, the County tendered its defense to D.N. Higgins, lnc, and D.N. Higgins, Inc. accepted same. Higgins' insurance company represented the County and settled the claim for $25,000.00 which will be paid by D.N. Higgins, Inc.'s insurance company at no cost to the County. The County has been represented by Julie A, Lewis, Esq. of Kubicki Draper and the County Attorney opines that the settlement is reasonable under the circumstances. FISCAL IMPACT: No fiscal impact. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item, LEGAL CONSIDERATIONS: Plaintiff asserts that the County failed to maintain the area adequately allowing a dangerous condition, The County denied liability and tendered its defense to D.N. Higgins, Inc. Both the County Attorney and the Risk Management Director opine that settlement on behalf of the County with no cost to the County in the sum of $25,000.00 for Plaintiff's claims is reasonable and cost effective under all the circumstances. RECOMMENDATION: That the Board of County Commissioners approve the settlement proposal of $25,000.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents, PREPARED BY: William E. Mountford, Assistant County Attorney 07.0012/2069 RELEASE Agenda Item No. 16K3 February 12, 2008 Page 2 of4 FOR THE SOLE CONSIDERATION of Twenty-five Tllousand and No/1 00 Dollars, ($25,000.00), the receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby Releases and forever discharges COLLIER COUNTY, FLORIDA, DOUGLAS N. HIGGINS, INC., CONTINENTAL CASUALTY COMPANY, and CNA INSURANCE COMPANIES, their heirs, executors, administrators, agents and assigns, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries known or unknown, both to person and property, which have resulted or may in the future develop Irom an accident which occurred on or about January 2, 2003 which is the subject matter of a lawsuit entitled McCleaf v. Collier County, Florida. Case No: 06-2350-CA, Further, the releasors state that while they hereby release any and all claims against the releasees and their heirs, executors, administrators, agents, employees, successors, and assigns for both past and future losses, Including medical expenses, health care and related expenses, the necessity for future medical treatment and expenses incurred is speculative and unknown at this time and, therefore. as a result. releasors do not deem the settlement herein made to fully satisfy their damages in the event future medical expenses. health care and related expenses incur. AI; a result, the releasors reSBfVe their right to pursue and reCover all fllture medical expenses, health care and related expenses, from any person, firm. or organization who may be responsible for payment of such expenses. including any first party health or automobile insurance coverage, but such reservation does not include the parties released herein. Undersigned lurther declares that as further consideration lor payment of said sum, undersigned hereby agrees to protect the said Releasees and hold harmless said Releasees against any claim for damages, compensation. debt lien or otherwise on the part of any party, growing out of or resulting Irom subrogation interests or liens, Undersigned further declares that as further consideration for payment of said sum, undersigned hereby agrees to satisfy any and all liens. This settlement is subject to the approval of the Collier County Board of Commissioners. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and linal compromise adjustment and settlement 01 any and all claims, disputed or otherwise, on account of the Injuries and damages above mentioned and for the express purpose of precluding forever any further additional claims arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below, DATED: ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: TOM HENNING, Chairman Date: CHARLES MCCLEAF, Plaintiff Page 1 of 2 Aoenda Item No. 16K3 ~ February 12, 2008 Page 3 of 4 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Charles McCleaf, before me, this day of .2008. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public (Please print. type or stamp) Type of Identification Produced My Commission expires: Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney Page 2 of 2 Page 1 of 1 Agenda liem No. 16K3 February 12, 2008 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K3 Meeting Date: Recommendation to approve settlement after mediation in the lawsuit entitled Charles McCleaf VS. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Fiorida, Case No. 06-2350-CA. for $25,000.00. 2/12/20089:00.00 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 1/30/20081:31 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 1130/20083:21 PM A pproved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1130120083:55 PM Approved By OMS Coordinator Applications Analyst Oate Administrative Services Information Technology 113112008 8:39 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management &. Budget 2/1120082:54 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 213120084:30 PM file://C:\AgendaTest\Export\J 00-February%20 J 2,%202008\ 16,%20CONSENT%20AGEND.., 2/6/2008