Agenda 11/13/2012 Item #16K411/113/2012 Item 16.K.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, against Viviana Pineda - Lopez; in the County
Court of the Twentieth Judicial Circuit in and for Collier County, FloO,ida, to recover
damages incurred by the County for the repair to a guardrail damaged by her in the
amount of $3,148.04, 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 Viviana
Pineda -Lopez to recover damages in the amount of $3,148.04, plus costs of litigation.
CONSIDERATIONS: On February 17, 2012, Viviana Pineda -Lopez was operating a vehicle
owned by her westbound on Golden Gate Boulevard East. According to Ms. 1Pineda- Lopez, a
dog ran into the roadway causing her to steer to the left to avoid colliding wi�h the dog. Ms.
Pineda -Lopez lost control of her vehicle and crashed into a County owned'', guardrail. The
County incurred damages in the amount of $3,148.04 for repair to the guardrail. '
Despite repeated demands for payment, Ms. Pineda -Lopez has refused and continues to refuse to
reimburse the County for these repairs. The County has no other recourse for! recovery of the
costs 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.OQ.
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 majority vote for approval. - CMG
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 Viviana Pineda- Lopez, in the County Court of the Twentieth Judicial �ircuit in and for
Collier County, Florida, to recover damages incurred by the County for the repair to guardrail
damaged by her in the amount of $3,148.04, plus costs of litigation.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
12 -RMG- 00301 /12
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
11/13/2012 Item 16.K.4.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against Viviana Pineda -Lopez in
the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover
damages incurred by the County for the repair to a guardrail damaged by her in the amount of
$3,148.04, plus costs of litigation.
Meeting Date: 11/13/2012
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator,County Attorney
11/1/2012 2:28:28 PM
Submitted by
Title: Assistant County Attorney,County Attorney
Name: GreeneColleen
11/1/2012 2:28:30 PM
Approved By
Name: Walkerleff
Title: Director - Risk Management,Risk Management
Date: 11/1/2012 4:54:01 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 11/2/2012 11:04:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/2/2012 11:46:11 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
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Date: 11/2/2012 1:45:22 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11 /2/2012 2:49:46 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 12:26:17 PM
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11/13/2012 Item 16.K.4.