Agenda 06/14/2011 Item #16K6
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6/14/2011 Item 16.K.6.
EXECUTIVE SUMMARY
Recommendation to approve settlement of the lawsuit captioned Collier County Board of
County Commissioners v. Kim Christine Mudge in County Court in and for Collier County,
Florida (Case No. 10-1075-CC), to settle a property damage claim resulting from an
automobile accident for the total settlement amount of $5,222.09, payable to the County,
and authorize the Chairman to sign a Partial Release of Property Damage Claim.
OBJECTIVE: For the Board of County Commissioners to approve settlement of the
lawsuit captioned Collier County Board of County Commissioners v. Kim Christine Mudge (also
known as Kim Shubert) to recover costs, damages, and administrative fees incurred by the
County in the amount of $5,222.09 and authorize the Chairman to sign a Partial Release of
Property Damage Claim.
CONSIDERA TIONS: On April 26, 2008, Kim Mudge was operating her vehicle at
approximately 5:30 P.M. at the intersection of County Road 951 and Rattlesnake Hammock
when she lost control of the vehicle, swerved into the guardrail, and caused damage to the
guardrail. As a result, the County was forced to repair the guardrail. Ms. Mudge refused to pay
the County's costs of repair, and as such, the Board of County Commissioners approved Staff's
request to file a lawsuit to recover the damages (February 23, 2010, Agenda Item 16K4). The
total settlement amount is $5,222.09 which includes the total damages of $4,877.09 and the court
filing and service fees of $345.00. Ms. Mudge's insurance company, GEICO, has provided a
check for the first $2,100.00, and Ms. Mudge will pay the remainder over time pursuant to an
agreement reached between the County and Ms. Mudge.
The Stipulated Final Judgment provides the payment tenns for Ms. Mudge. Should Ms. Mudge
fail to make a timely payment, the County may accelerate the payment terms and demand full
payment from Ms. Mudge.
FISCAL IMPACT: This settlement recaptures the total amount of the County's damages and
the court filing and service fees. This will be revenue deposited into the Road and Bridge
Operating Fund 101 Cost Center 163620369130. This is a positive fiscal impact.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, requires majority vote, and is legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to approve settlement of the lawsuit captioned
Collier County Board of County Commissioners v. Kim Christine Mudge in County Court in and
for Collier County, Florida (Case No.1 0-1 075-CC), to settle a property damage claim resulting
fi'om an automobile accident for the total settlement amount of $5,222.09 and authorize the
Chairman to sign a Partial Release of Property Damage Claim.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
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6/14/2011 Item 16.K.6.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6.
Item Summary: Recommendation to approve settlement of the lawsuit captioned Collier
County Board of County Commissioners v. Kim Christine Mudge in County Court in and for
Collier County, Florida (Case No. 10-1075-CC), to settle a property damage claim resulting from
an automobile accident for the total settlement amount of $5,222.09, payable to the County,
and authorize the Chairman to sign a Partial Release of Property Damage Claim.
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attomey
6/1/2011 3:34:33 PM
. Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 6/1/20114:33:10 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 6/1/2011 5:00:35 PM
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 6/2/2011 9:07:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/2/2011 9:13:16 AM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 6/2/2011 10:25:51 AM
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6/14/2011 Item 16.K.6.
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PARTIAL RELEASE OF PROPERTY DAMAGE CLAIM "
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Claim Number: 0277428710101014/1314
The BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA~ in
, consideration of the payment of TWO THOUSAND ONE-HUNDRED and no/lOOths Dollars
($2,100.00) hereby gives and grants a release, and waives any further claim against and to
GEICO INSURANCE COMPANY, and a Partial Release to KIM CHRISTINE MUDGE n/kIa
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KIM SHUBERT, to the amount set forth herein for the property damage claim arising out of the
motor vehicle accident that occurred a~in Naples, Florida on or about the~ay of
..A~~ary 200finvolving the insured KIM CHRISTINE MUDGE n/kJa KIM SHUBERT, insured
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with GEICO INSURANCE COMPANY.
. It is expressly understood that said KIM CHRISTINE MUDGE n/k/a KIM SHUBERT shall
remain liable to BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
for the remainder of its damages in the amount of THREE THOUSAND ONE-HUNDRED
TWENTY-TWO and 09/100ths Dollars ($3,122.09), for which KIM CHRISTINE MUDGE
n/k/a KIM SHUBERT has heretofore agreed to pay. -I<.
It is also understood, that upon payment by GmCO INSURANCE COMPANY of the
afores~jd amount of TWO THOUSAND ONE-HUNDRED and no/lOOths Dollars ($2,100.00),
GEICO INSURANCE COMPANY will have no further obligation to pay any further damages
due to the above-described accident. ' '
Each party to this Partial Release is responsible for their own attorneys' fees and costs, if
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any. ,
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DAY OF
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ATTEsn ' ,
DWIGHT e. BROCK. Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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~yed as to form & legal sufficiency
By: FRED W. COYLE, CHAIRMAN
Colleen Greene.
Assistant County Attorney
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6/14/2011 Item 16.K.6.
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION
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BOARD OF COUNTY COMMISSIONERS,
COLL~ER COUNTY, FLORIDA,
Plaintiff,
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KIM qHRISTINE MUDGE,
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CASE NO.: 10-01075-CC
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Defendant.
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STIPULATED JUDGMENT
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: THIS CAUSE coming on to be heard upon the stipulation between the parties hereto, the
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partie~ having settled all matters between them pertaiiring to this action, and the Court having
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been ~IIY advised, ,
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IT IS 1tlEREBY ORDERED AND ADJUDGED:
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upon ,ntryOf this Judgment. . .
, I B. The Defendant, KIM CHRISTINE MUDGE, n/kIa KIM SHUBERT, shall pay the
rernai~ng sum of $3,122.09, which includes all Court costs, in the following m~e;: $50.00 per.
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monthi for a period of sixty-two (62) months, and a final payment of $22.09 in the sixty-third
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(63rd) ~10nth, commencing thirty (30) days after the entry of this Judgment.
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! C. The payments are to be made to the Board of County Commissioners and
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forwa1ded to the County Attomey's Office.
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',' II D. Should the Defendant be delinquent on any payment for more than twenty-one
(21) d, ys, then the Plaintiff shall, at its discretion, accelerate aU payments remaining and apply
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The Plaintiff is to be paid the sum of $2,100.00 in cash on behalf of the Defendant
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6/14/2011 Item 16.K.6.
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to this Cou~t Notice to obtain a Judgment for the remaining balance, including legal
interest from the date of entry.
E. This Court retains jurisdiction of this matter tor the enforcement of this Order.
BOARD OF COUNTY COMMISSIONERS '
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COLLEEN M. GREENE, ESQ.
-,.-' :-.;;~ .:'"" Assistant-County Attorney
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,. - CHRISTINE MUDGE
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~LA LOSEY, ESQ.
Attorney for Defcndant
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DONE AND ORDERED in Chambers in Naples, Collier County, Fiorida on this ~ day of
,2011.
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ROB CROWN
COUNTY JUDGE
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Confirmed copies sent to:
Colleen M. Green, Esq.
Kimilla Losey, Esq.
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