Agenda 09/09-10/2008 Item #16K13
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EXECUTIVE SUMMARY' SEP 0 s 200R
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Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the COIII",'-"~~
County Board of County Commissioners, Against Jessie C. Cervantez, Jr. and Hizarith Torres in
County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount
of $3,407.16.
OBJECTIVE:For the Board of County Commissioners to authorize the County Attorney to file a lawsuit
in the County Court Small Claims in and for Collier County, Florida against Jessie C. Cervantez, Jr. and
Hizarith Torres to recover costs, damages, and administrative fees incurred by the County in the amount
of $3,407.16.
CONSIDERATIONS:
On March 2, 2007 Jessie C. Cervantez, Jr. lent his vehicle to Hizarith Torres. Torres was operating the
vehicle at approximately 6:40 P.M. eastbound on Immokalee Road (CR 846) at the intersection of Camp
Keais Road, when he lost control of the vehicle, and swerved into the guardrail, damaging the guardrail,
and eventually flipping the vehicle. Although Mr. Cervantez, and Mr. Torres were contacted on numerous
occasions, both have refused, and continue to refuse to pay the County’s costs of repair to the
guardrail. 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.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this item.
LEGAL CONSIDERATIONS :Both the County Attorney and the Risk Management Director opine
that the County has no other recourse for recovery of the costs incurred for the repair of the guardrail, in
the sum of $3.407.16._Approved by William E. Mountford, Assistant County Attorney
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to
file a lawsuit against Jessie C. Cervantez, Jr. and Hizarith Torres in County Court Small Claims in and for
Collier County, Florida, to recover $3,407.16 for costs incurred as a result of the damages to the
County’s guardrail and costs of the suit
Prepared By:
Department
County Attorney
Date
8/28/2008 2:38:56 PM
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Approved By:
Department
Risk
Approval
Date
1
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Management
Approved
8/29/2008 10:29 AM .
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/28/2008 6:32 PM
Approved By:
Department
Office of
Management
and Budget
Approval
Date
Approved
8/29/2008 8:16 AM
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