Agenda 02/10/2026 Iterm #16K 2 (File an Offer of Judgment to Plaintiff Dayami Leon in the lawsuit Dayami Leon v. Collier County Board of County Commissioners pending in the Circuit Court)2/10/2026
Item # 16.K.2
ID# 2026-155
Executive Summary
Recommendation to approve and authorize the County Attorney’s Office to file an Offer of Judgment (settlement offer)
to Plaintiff Dayami Leon in the lawsuit styled Dayami Leon v. Collier County Board of County Commissioners, (Case
No. 24-CA-2419), pending in the Circuit Court of Collier County, Florida.
OBJECTIVE: To seek Board authorization to file an Offer of Judgment, pursuant to Florida Statute 768.79, to Dayami
Leon for $45,000.00 to resolve the pending lawsuit.
CONSIDERATIONS: The Plaintiff initiated a lawsuit in the 20th Judicial Circuit against Collier County on November
19, 2024, for personal injuries she allegedly suffered as a result of her passenger vehicle being rear-ended by a Collier
County pickup truck driven by a County employee of the Road Bridge & Stormwater Maintenance Division on the
morning of September 2, 2022. The Plaintiff received emergent care at NCH the evening of the accident. The
emergency department found no evidence of any significant injuries.
The Plaintiff thereafter sought care through multiple chiropractic practices from September 7, 2022 through September
16, 2022 and again, from October 3, 2022 through February 7, 2023. The Plaintiff indicated that chiropractic care made
her condition worse, not better. Eventually the Plaintiff had surgery performed on her neck (a discectomy and fusion at
the C5-6 level) but surgery also did not give the Plaintiff any relief. Consequently, the County had the Plaintiff examined
by a retired Board-certified neurosurgeon, Donald L. Mellman, M.D., on August 27, 2025. Dr. Mellman also reviewed
the Plaintiff’s medical records which showed that the Plaintiff had been diagnosed with a number of degenerative and/or
congenital orthopedic conditions prior to September 2, 2022. Dr Mellman found no evidence of any traumatically
caused objective injuries caused by the September 2, 2022 accident.
As to damages, the Plaintiff claims to have incurred, approximately, $140,000.00 in gross medical expenses causally-
related to the September 2, 2022 accident. The County believes that the Plaintiff’s health insurance has paid,
approximately $30,000.00 of the medical expenses. The Plaintiff is also claiming permanent injuries as well as pain and
suffering causally-related to the accident.
The 20th Judicial Circuit ordered the parties to participate in a hybrid non-binding mediation /arbitration on November 4,
2025. Attorney Curt Truitt served as the mediator and concluded, through non-binding arbitration award dated
November 18, 2025, that Plaintiff had suffered damages of $120,000.00 as a result of the County’s negligence. The
County rejected the arbitration award and the case is awaiting trial.
At mediation, the Plaintiff offered no wage loss claim and estimated her medical expenses to equal, approximately,
$140,000.00 gross. However, pursuant to F. S. § 768.0427(2)(a) only the amount actually paid is admissible at time of
trial which is approximately $30,000.00. Accordingly, the County’s last settlement offer at mediation (i.e., $45,000.00)
(subject to Board approval) more than fairly represents the total aggregate value of this claim as it would cover all initial
medical care (both ER and chiropractic) actually paid as well as provide the Plaintiff with some, albeit minimal, form of
non-economic damages. The Risk Management Division and the Office of the County Attorney recommend formally
offering this amount to the Plaintiff to finally and completely resolve the matter.
If the County succeeds in obtaining a verdict of at least 25 percent less than the amounts offered, the Plaintiffs could be
responsible under Florida law for costs and legal fees from the date the Offer of Judgment was filed through verdict.
FISCAL IMPACT: Should Plaintiff accept the settlement offer, $45,000.00 will be provided by the Property &
Casualty Fund, 5016000000-121650-645915.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.
RTT
Page 3323 of 3707
2/10/2026
Item # 16.K.2
ID# 2026-155
RECOMMENDATION(S): To authorize the County Attorney’s Office to file and Offer of Judgment (settlement offer)
to Plaintiff Dayami Leon of $45,000.00, in the matter styled Dayami Leon v. Collier County Board of County
Commissioners, Case No. 24-CA-2419, pending in the Circuit Court of Collier County, Florida.
PREPARED BY: Michael K. Quigley, Risk Managment Division Director
Ronald T. Tomasko, Assistant County Attorney
ATTACHMENTS:
None
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