Agenda 03/13/2018 Item #16K703/13/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Release of Property Damage
Claim in the lawsuit styled Collier County Board of County Commissioners v. James Johnson, filed in
the Twentieth Judicial Circuit in and for Colli er County, Florida (Case No. 16-CC-770), for the
total sum of $4,767.10.
OBJECTIVE: To approve the tentative settlement, in the lawsuit styled Collier County Board of County
Commissioners v. James Johnson, Case No. 16-CC-770, for the total sum of $4,767.10 and authorize the
Chair to execute the Release of Property Damage Claim.
CONSIDERATIONS: On March 28, 2015, James Johnson was operating a vehicle on Bayshore Drive.
Mr. Johnson attempted to cross four lanes of traffic, while crossing from the Kangaroo gas station into the
Gulfgate Plaza. He failed to yield to oncoming traffic and hit the rear fender of a vehicle heading
southbound on Bayshore Drive. The collision caused the second vehicle to collide into and damage a
County owned light pole. The County incurred damages of $7,209.64. Mr. Johnson’s insurance policy
only provided for $4,017.10 in remaining coverage and Mr. Johnson is not collectible as he is indigent
and elderly.
The parties attended Court Ordered Mediation on February 14, 2018. A tentative settlement, pending
Board approval, was reached with Mr. Johnson and his insurance carrier, in which it was agreed that the
carrier will pay the County $4,767.10 to resolve the lawsuit. It is the County Attorney and Risk
Management Department’s position that this settlement is reasonable.
FISCAL IMPACT: The recovered funds would be received into the Collier County Risk Management
Property & Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority
vote for Board approval. -KLN
RECOMMENDATION: That the Board of County Commissioners approve the tentative settlement and
authorize the Chair to execute the Release of Property Damage Claim in the lawsuit styled, Collier
County Board of County Commissioners v. James Johnson filed in the Twentieth Judicial Circuit in and
for Collier County, Florida (Case No. 16-CC-770), for the total sum of $4,767.10.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
ATTACHMENT(S)
1. Release of Property Damage Claim (PDF)
16.K.7
Packet Pg. 1082
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 5033
Item Summary: Recommendation to approve and authorize the Chair to execute a Release of
Property Damage Claim in the lawsuit styled Collier County Board of County Commissioners v. James
Johnson, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 16-CC-770),
for the total sum of $4,767.10.
Meeting Date: 03/13/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
03/05/2018 4:24 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/05/2018 4:24 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 03/05/2018 4:32 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 03/06/2018 2:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/06/2018 2:28 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/06/2018 2:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2018 2:58 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/07/2018 9:21 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
16.K.7
Packet Pg. 1083
16.K.7.a
Packet Pg. 1084 Attachment: Release of Property Damage Claim (5033 : Recommendation for Chair to execute Release in CC v. Johnson 16-CC-770)