Agenda 09/15/2009 Item #16K11
Agenda Item No. 16K 11
September 15, 2009
Page 1 of 2
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EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Leonardo Rodriguez and Maria
Rodriguez in County Court to recover damages in the amount of $7,533.69 plus the cost of
litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit in the County Court in and for Collier County, Florida against Leonardo Rodriguez and
Maria Rodriguez to recover for damages to the County EMS vehicle by them and administrative
fees incurred by the County in the amount of$7,533.69 plus cost oflitigation.
CONSIDERATIONS: On January 7, 2008, Leonardo Rodriguez was operating a vehicle
owned by his mother, Maria Rodriguez, with her knowledge and consent. Mr. Rodriguez
negligently collided with a Collier County EMS vehicle causing extensive damages in the
amount of $7,533.69 to the EMS vehicle. The EMS vehicle was operating with its siren and
lights and had the right-of-way.
Collier County has attempted to collect damages from the responsible party. The parties have
failed and/or refused to negotiate with Collier County. The County has no other recourse for
recovery of the costs than to proceed with litigation.
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FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director
agree that litigation is the best recourse for recovery of the costs as the negligent parties have
refused to compensate the County for its damages. - CM G
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit against Leonardo Rodri!,TUez and Maria Rodriguez in County Court in
and for Collier County, Florida, to recover $7,533.69 for costs incurred as a result of the
damages to the County's EMS vehicle and costs of the suit.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
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Agenda Item No. 16K 11
September 15, 2009
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K 11
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Leonardo Rodriguez and Maria Rodriguez in
County Court to recover damages in the amount of $7,53369 plus the cost of litigation.
9/15/2009 9:00:00 AM
Meeting Date:
Prepared By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/28/20094:58:04 PM
Approved By
Jeffrey A. Walker, CPCU, Risk Management Director Date
ARM
Administrative Services Risk Management 8/31/20098:17 AM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/31/2009 11 :43 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/1/2009 3:30 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/2/200910:12 AM
Approved By
Laura Davisson Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 9/2/2009 11 :13 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 9/4/20093:18 PM
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