Agenda 05/28/2013 Item #16K1 5/28/2013 16.K 1 .
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against N Campos Construction Corp and Edel
Campo Morejon in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County for the repair of a section of
guardrail in the amount of$11,862.18, plus costs of litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit on behalf of the Collier County Board of County Commissioners, against N Campos
Construction Corp and Edel Campo Morejon, to recover damages incurred by the County for the
repair of a section of guardrail incurred by the County in the amount of$11,862.18, plus costs of
litigation.
CONSIDERATIONS: On January 18, 2012, a dump truck driven by Edel Campo Morejon, and
owned by and registered to N Campos Construction Corp, struck and damaged a section of
guardrail maintained by Collier County. The damages incurred by Collier County as a result of
this incident total $11,862.18. The County's Risk Management Department has made a claim to
N Campos Construction Corp's insurance company; however the accident occurred outside the
policy period and the County's claim was denied.
N Campos Construction Corp refuses to reimburse the County for this damage. The County has
no other recourse for recovery of the damages other than to proceed with litigation.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund. Filing fees, service and process fees total approximately $500.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item.
This item is legally sufficient for Board action and requires a majority vote for approval. -KLN
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners,
against N Campos Construction Corp and Edel Campo Morejon, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the
County for the repair of a section of guardrail in the amount of $11,862.18, plus costs of
litigation.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
13-RMG-00338/19
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5/28/2013 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against N Campos Construction
Corp and Edel Campo Morejon in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida,to recover damages incurred by the County for the repair of a section of
guardrail in the amount of$11,862.18, plus costs of litigation.
Meeting Date: 5/28/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/8/2013 10:26:59 AM
Approved By
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
Date: 5/8/2013 11:21:28 AM
Name:NoellKevin
Title: Attorney of Record(CAO)
Date: 5/8/2013 3:55:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/8/2013 4:13:13 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/17/2013 9:40:50 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/20/2013 11:48:42 AM
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