Item P6 P.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: P.6
Agenda Item Summary #11860
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Approval of settlement agreement in the personal injury case of
Tommy Alfonso on behalf of minor T.A. v. Monroe County, 16th Jud. Cir. Case No. 22-CA-108-K;
and authorization for the County Attorney to sign all necessary documents.
ITEM BACKGROUND: This is a proposed settlement in the personal injury case filed by Tommy
Alfonso on behalf of Minor T.A. versus Monroe County, 161h Judicial Circuit Case No. 22-CA-108-
KW. The parties have reached a settlement in the case by which the County will pay $75,000 to the
plaintiff with a complete release of all claims and no admission of liability, conditional upon
approval by the Board of County Commissioners. The County Attorney's Office believes that this is
a fair and equitable resolution for both sides and recommends approval.
The Settlement Agreement will be attached as soon as it is available.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Alfonso Settlement Agreement
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Packet Pg.4060
P.6
Total Dollar Value of Contract: N/A
Total Cost to County: $75,000
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
$75,000
REVIEWED BY:
Cynthia Hall Completed 03/07/2023 9:53 AM
Bob Shillinger Completed 03/07/2023 11:14 AM
Purchasing Completed 03/07/2023 12:30 PM
Budget and Finance Completed 03/07/2023 12:32 PM
Brian Bradley Completed 03/07/2023 1:40 PM
Lindsey Ballard Completed 03/07/2023 2:12 PM
Board of County Commissioners Pending 03/22/2023 9:00 AM
Packet Pg.4061
IN THE CIRCUIT COURT OF THE
16'*H JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Case No. 22-CA-000108-K
TOMMY ALFONSO,as father and
Natural guardian of T.A., a minor,
0
U
0
Plaintiff, 0
0
V.
0
MONROE COUNTY,
Defendant.
E
0
SETTLEMENT AGREEMENT 2
The Parties, TOMMY ALFONSO, as father and Natural guardian of T.A., a minor
("Plaintiff'), and MONROE COUNTY ("County" or "Defendant"), (collectively the "Parties"),
E
by and through their respective counsels,have reached a settlement agreement subject to approval
by the County's Board of County Commissioners ("Board"). The terms of the agreement have
been carefully read and are binding and enforceable,and are set forth as follows: 4-
0
I. This Settlement Agreement shall be presented to the Board during the Board's 0
March 22, 2023, meeting. This Settlement Agreement must be executed by Tommy Alfonso, CL
CL
Marilyn Curry, and Plaintiffs counsel, and delivered to the County's counsel, no later than <
Tuesday, March 14, 2023, at 12:00 p.m., in order to be presented to the Board at the March 22,
a
2023,Board meeting. This Settlement Agreement shall not be filed with the Court. 0
E
2. This Settlement Agreement is entered on behalf of both parents individually and as
parents and natural guardians of the minor,T.A.,and is contingent upon Board approval and court
approval of the settlement.
E
.2
3. A general release shall be executed in the event the court approves the settlement.
The general release shall include indemnification of all claims against the County. The general
release must be signed by both parents individually and on behalf of the minor as their natural 0
U)
a
guardians once the settlement is approved by the court and upon the appointment of a guardian by 0
the court. A copy of the general release is attached to this agreement and incorporated herein.
4. Within thirty(30)calendar days of Plaintiff's delivery of the fully executed release
E
to the County, the County will pay seventy-five thousand dollars ($75,000.00) to Couture Law
P.A., 2930 W. New Haven Ave., West Melbourne FL 32903, client trust account or as otherwise
prescribed by the court.
Packet Pg.4062
5. Plaintiff agrees to dismiss all claims asserted in, or that could have been asserted
in,the matter styled Toning Alfonso v, Monroe County, Case No. 22-CA-000 I 08-K, in connection
with T.A.'s incident that occurred at Bernstein Park on May 12, 2021,
G. From these settlement ftinds, Plaintiff agrees to satisfy all related and outstanding
liens.
0
7. Plaintiff shall file a notice ofvoluntary dismissal with prejudice against the County U
0
within five(5)calendar days of clearance of settlement funds. 0
a
8. This Settlement Agreement is entered into in order to resolve the litigation and 02
avoid the expenditure of time and resources, and should not be considered to be an admission of 5
liability by either party in this litigation. 0 U)
a
12
9, The Parties shall bear their own attorney's fees and costs in connection with this
action.
E
10. Electronic signatures shall have the same force and effect as original signatures.
03/10/2023 17:55 UTC
E
Tommy Alfonso, Date
Individually and as
Parent and natural guardian of 4-
0
T.A.
0
03/10/2023 18:13 UTC
CL
CL
Marilyn A, Curry, Date <
Individually and as
Parent and natural guardian of
E
T,A
02 3 0
Plaintiff's counsel Date
E
Defendant Date
0
U)
0
Defendant's co sel Date
E
Packet Pg.4063