Item O02C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: 0.2
Agenda Item Summary #4646
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292 -3470
None
AGENDA ITEM WORDING: Approval of Settlement Agreement in Filippos Kelaris vs. Monroe
County, Progressive Express Ins. Co., and Geico General Ins. Co., Case No. CA -P -17 -561 and to
authorize the County's outside counsel to execute the Settlement Agreement documents.
ITEM BACKGROUND: On October 4, 2016, Filippos Kelaris was injured in a motor vehicle
accident with a County employee, who was backing a County vehicle into Mr. Kelaris's lane of
travel. On November 7, 2017, Kelaris filed a lawsuit against the County, his personal automobile
insurance company ( Geico) and his business's automobile insurance company (Progressive). County
filed its answer and affirmative defenses to the Complaint, and has defended against Kelaris' claims.
The parties engaged in discovery.
The attorneys for Kelaris and the County have negotiated a Settlement Agreement and Release of
Claims and Indemnification Agreement and Stipulation for Dismissal (attached as backup). The
proposed Settlement Agreement between Kelaris and the County resolves the litigation for the
County and releases and waives all claims that Kelaris brought or could have taken against the
County relating to these claims, and releases and indemnifies the County from claims that Geico
could have made for subrogation against the County. Under the proposed agreement, the County
would pay Kelaris $100,000.00 to resolve this claim by no later than October 19, 2018.
A closed session will be scheduled for the 9/19/18 meeting. Bulk approval of this item would
eliminate the need for a closed session in this matter.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Settlement Agreement and a Release of Claims and
Indemnification Agreement and Stipulation for Dismissal between County and Kelaris in the
litigation, and authorize the County's outside counsel to execute these settlement documents.
DOCUMENTATION:
Kelaris Release of Claim and Indem. Agreement
Stipulation for Dismissal
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $100,000.00 in FY19.
Current Year Portion:
Budgeted: Yes.
Source of Funds: Risk
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Chris Ambrosio
Completed
08/27/2018 6:02 PM
Bob Shillinger
Completed
08/28/2018 5:33 PM
Budget and Finance
Completed
08/28/2018 6:03 PM
Maria Slavik
Completed
08/29/2018 7:32 AM
Kathy Peters
Completed
08/31/2018 12:39 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That FILIPPOS KELARIS, hereinafter referred to as "first party ", for and in consideration
of the sum of ONE HUNDRED THOUSAND DOLLARS AND NO /CENTS ($100,000) or other
valuable consideration, received from or on behalf of MONROE COUNTY, hereinafter referred
to as "second party ", the receipt whereof is hereby acknowledged.
HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said W
second parties, and their agents, servants, and employees, of and from all, and all manner of action
and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now E
has, or which any personal representative, successor, heir or assign of said first party, hereafter can,
shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing
whatsoever, arising from that accident which Plaintiff alleges occurred on or about October 4, 2016,
at or near the intersection of Lake Shore Drive and Maderia Drive, Key Largo, Monroe >
County, Florida, and to any cause of action raised in, or that could have been raised in, or arising
out of the filing and prosecution of the litigation described as Filippos Kelaris v. Monroe County,
et al, Case Number 17 -CA- 000561 -P.
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I represent that all medical bills hospital bills disability and wage losses including an
P � P � Y g � g Y
subrogation rights or liens for the payment of same by any third party, including any Medicare and
Medicaid liens or rights for reimbursement, which arose out of the incident sued upon in the
aforementioned litigation have been paid in full or will be settled with the proceeds of this
settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second party
for any claims, demands, subrogation rights or liens that may be asserted against the second party
for the above mentioned expenses or losses of the first party.
It is understood and agreed to by the parties that this settlement is a compromise of a doubtful
and disputed claim and the payment is not to be construed as an admission of liability on the part of
the second party(ies), by whom liability is expressly denied.
I have carefully read the Release of Claim and understand its terms, operation, and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
2018.
in the presence of
FILIPPOS KELARIS WITNESS
STATE OF FLORIDA )
COUNTY OF MONROE) )SI
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IN THE CIRCUIT COURT OF THE
16 JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
FILIPPOS KELARIS,
Plaintiff,
u
MONROE COUNTY, PROGRESSIVE
EXPRESS INSURANCE COMPANY
and GEICO GENERAL INSURANCE
COMPANY,
Defendants.
Case No. 17 -CA- 000561 -P
STIPULATION FOR DISMISSAL WITH PREJUDICE
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for
the respective parties herein, that the claims of Plaintiff, FIL,IPPOS KELARIS, against Defendant,
MONROE COUNTY, have been amicably resolved, and shall be dismissed with prejudice, with the
respective parties herein to bear their own costs and attorneys' fees.
DATED this _ day of , 2018.
Goldberg & Dohan, LLP
Attorneys for Plaintiff
2020 Ponce de Leon Blvd.
Suite 1006
Coral Gables, FL 33134
RUSSELL A. DOHAN
Fla. Bar No. 8338
JOHNSON ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
Attorneys for County
2455 East Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33304
Tel: (954) 463 -0100
in
E. BRUCE JOHNSON
Fla. Bar No. 262137