Agenda 09/09-10/2008 Item #16K15
EXECUTIVE SUMMARY
SEP 0 U 2008
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Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the
Collier County Board of County Commissioners, Against John Swasey in County Court
Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of
$2,908.60.
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
John Swasey to recover repair costs and administrative fees incurred by the County in the
amount of $2,908.60,
CONSIDERATIONS: On April 4, 2007, at the lmmokalee Airport, John Swasey was
operating an aircraft, and while so operating it, he struck a building that was maintained by the
County, The costs of repair to the building were $2,908,60, Numerous contacts were made with
John Swasey, and he has refused and continues to refuse to pay for or discuss these damages,
The County has no other recourse for recovery of the costs than to proceed with litigation.
FISCAL IMP ACT: 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, in the
sum of $2,908,60, than to proceed with litigation. Approved: ?tl~ 111 ACA
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit against John Swasey in County Court Small Claims in and for Collier
County, Florida, to recover $2,908.60 for costs incurred as a result of the damages to the
County's building and costs of the suit.
PREPARED BY:
William E. Mountford, Esq" Assistant County Attorney.
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Recommendation to Authorize the County Allorney to File a Lawsuit on behalf of the C
County Board of County Commissioners, Against John Swasey in County Court Small
and for Collier County, Florida, to Recover Damages in the Amount of $2,908.60,
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Prepared By:
Department
Information Technology
Date
8/29/2008 1 :23:29 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/31/20081 :11 PM
ATTACHMENTS:
Name: Description:
o .Ex~S1Jmmarv Swasev-,pdf Executive Summary. Swasey
Type:
Executive Summary