Agenda 06/08/2021 Item #16K 2 (Settlement Agreement in Case #20-CA-1452)06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Patricia Frey v. Collier County Board of Commissioners, (Case No. 20-CA-1452), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $29,000.
_____________________________________________________________________________________
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Patricia Frey for the
sum of $29,000.00 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit arises out of trip and fall incident that occurred on a County owned
sidewalk located on Gulf Shore Drive. Plaintiff alleges that on April 15, 2018, she was walking on the
sidewalk, tripped and fell on a raised, uneven section, and was injured. Photographs of the alleged fall
location depict a raised portion of sidewalk slab, abutting a lower sidewalk slab.
A few hours after her fall, the Plaintiff presented to North Collier Hospital with complaints of pain in her
right shoulder, right chest wall, right rib area, and left leg. The Plaintiff was diagnosed with a rib
contusion and right shoulder strain. Days later the Plaintiff presented t o Dr. Brian Wallace of the Joint
Replacement Institute for further evaluation. An MRI was performed, and the Plaintiff received an
injection to the shoulder to alleviate the immediate pain. Several months later she underwent surgical
repair of the rotator cuff tear. During the surgery a high-grade partial tear of the bicep was also
discovered and repaired during the surgery. The Plaintiff subsequently underwent twenty -six physical
therapy sessions and was then discharged from medical care.
The Plaintiff alleges total medical costs of $73,000. The Plaintiff’s pre-suit settlement offer was
$200,000 and later reduced to $120,000 prior to the filing of the lawsuit. The parties commenced
discovery and depositions were conducted. After extensive settlement negotiations a tentative settlement,
contingent upon Board approval, was reached to resolve the lawsuit for $29,000.00.
The County Attorney and the Risk Management Director recommend that the Board approve this
settlement as reasonable. Should the case proceed through additional depositions, expert examinations,
non-binding arbitration, and trial, the costs incurred alone are expected to exceed the tentative settlement
amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund
and the total impact will be $29,000.00.
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 $29,000.00 in the lawsuit styled
Patricia Frey v. Collier County Board of Commissioners, (Case No. 20-CA-1452), 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
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ATTACHMENT(S)
1. Settlement Agreement-Frey (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 16033
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Patricia Frey v. Collier County Board of Commissioners, (Case No. 20 -
CA-1452), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $29,000.
Meeting Date: 06/08/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
05/24/2021 3:27 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/24/2021 3:27 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 05/24/2021 3:43 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/24/2021 3:53 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/25/2021 8:37 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 05/26/2021 9:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/26/2021 11:21 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/28/2021 2:24 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
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16.K.2.aPacket Pg. 2075Attachment: Settlement Agreement-Frey (16033 : Recommendation to approve settlement agreement in Frey v. Collier County 20-CA-1452)
16.K.2.aPacket Pg. 2076Attachment: Settlement Agreement-Frey (16033 : Recommendation to approve settlement agreement in Frey v. Collier County 20-CA-1452)
16.K.2.aPacket Pg. 2077Attachment: Settlement Agreement-Frey (16033 : Recommendation to approve settlement agreement in Frey v. Collier County 20-CA-1452)
16.K.2.aPacket Pg. 2078Attachment: Settlement Agreement-Frey (16033 : Recommendation to approve settlement agreement in Frey v. Collier County 20-CA-1452)
16.K.2.aPacket Pg. 2079Attachment: Settlement Agreement-Frey (16033 : Recommendation to approve settlement agreement in Frey v. Collier County 20-CA-1452)