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Agenda 03/23/2021 Item #16K1 (Settlement Agreement Case No. 19-CA-3739)03/23/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Jose Cruz v. Collier County Board of Commissioners, (Case No. 19-CA-3739), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $60,000. OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Jose Cruz for the sum of $60,000 and authorize the Chair to execute the Settlement Agreement. CONSIDERATIONS: This lawsuit arises out of a motor vehicle accident that occurred on March 30, 2017 on Davis Boulevard, near W. Crown Point Blvd. Zachary Garcia, who was a County employee at the time, was driving a large Ford pickup truck, owned by Collier County, and rear-ended a 2005 Honda Civic, operated by the plaintiff. The plaintiff's vehicle was stopped at a cross walk at the time of impact, due to the crosswalk warning lights being activated. The impact caused the plaintiff’s vehicle to be pushed into the front vehicle. Plaintiff alleges severe pain in his low back and neck. Due to the complaints of pain and limitations he was still experiencing after conservative chiropractic care, the plaintiff was referred to orthopedic surgeon Dr. John Baker. An MRI of the lumbar spine revealed broad-based disc herniation, with flattening of the ventral thecal sac, at L5-S1 and bilateral S1 nerve root impingement and severe right foraminal stenosis. As the conservative treatment did not resolve the back pain and pain radiating down his right leg, the Plaintiff required surgery performed by board certified neurosurgeon, Dr Robert Norton. Plaintiff reached maximum medical improvement 6 months post-surgery and was given an 11% permanent partial impairment rating. The alleged medical bills outstanding and owed are $248,323.96. In the initial demand package sent to Johns Eastern, the plaintiff also alleged $75,000 for ongoing interventional care and $25,000 for future palliative medical expenses, over the next 10 years. The initial demand was for the statutory cap of $200,000. Plaintiff alleges damages for the permanent injuries, pain and suffering, disability, disfigurement and loss of capacity for the enjoyment of life. After extended settlement negotiations the parties reached a tentative settlement in the amount of $60,000. The County Attorney and the Risk Management Director recommend that the Board approve this settlement as reasonable. Should the case proceed through depositions, non-binding arbitration, and trial the costs incurred alone are expected to well exceed the tentative settlement amount. FISCAL IMPACT: Funds are budgeted and available in Fun 516, Property & Casualty Insurance fund and the total impact will be $60,000. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - CMG RECOMMENDATION: For the Board of County Commissioners to approve and authorize the Chairman to execute the Settlement Agreement for the total sum of $60,000 in the lawsuit styled Jose 16.K.1 Packet Pg. 1405 03/23/2021 Cruz v. Collier County Board of Commissioners, (Case No. 19-CA-3739), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. PREPARED BY: Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Executed Settlement Agreement (PDF) 16.K.1 Packet Pg. 1406 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 15226 Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Jose Cruz v. Collier County Board of Commissioners, (Case No. 19 -CA- 3739), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $60,000. Meeting Date: 03/23/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Jessica Hayes 03/08/2021 2:13 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/08/2021 2:13 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 03/08/2021 2:24 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/08/2021 2:50 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/08/2021 3:26 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2021 8:29 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/11/2021 10:51 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 11:12 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM 16.K.1 Packet Pg. 1407 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on this _____ day of ________, 2021, by and between JOSE CRUZ, hereinafter referred to as "Plaintiff', and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "County". WIT N E S S ETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in the case styled Jose Cruz v. Collier County Board of Commissioners, Case No. 19-CA-3739 (hereinafter referred to as the "Lawsuit"); and WHEREAS, Plaintiff and the County, without either party admitting any liability or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that it shall be binding upon both parties' respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs, departments, agencies and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and County agree as follows: 1.Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement. [l 9-CA-3739/1596428/1] 16.K.1.a Packet Pg. 1408 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County) 16.K.1.a Packet Pg. 1409 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County) 16.K.1.a Packet Pg. 1410 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County) 16.K.1.a Packet Pg. 1411 Attachment: Executed Settlement Agreement (15226 : Settlement Agreement for Cruz v. Collier County)