Agenda 04/25/2023 Item #16K 5 (CAO to file a lawsuit on behalf of BCC against Ashley Angelica Hernandez and Marta Rebecca Hernandez)04/25/2023
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of
County Commissioners against Ashley Angelica Hernandez and Marta Rebeca Hernandez Garcia in the
County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for
the repair of Collier County property totaling $7,710.14, 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 Ashley Angelica Hernandez and Marta
Rebeca Hernandez to recover damages in the amount of $7,710.14, plus costs of litigation.
CONSIDERATIONS: On April 1, 2021, Ashley Angelica Hernandez was driving a vehicle owned by Marta
Hernandez northbound on Santa Barbara Road when the vehicle hydroplaned and impacted a street light owned by
the County. As the owner of the vehicle, Marta Hernandez is vicariously liable for the damage caused by As hley
Angelica Hernandez.
The County incurred damages in the amount of $7,710.14 for the replacement of the street light. Despite repeated
demands, Marta Hernandez’s insurance carrier denied the County’s claim based upon Marta Hernandez’s failure to
cooperate with the investigation. The County has no other recourse for recovery of the costs than to proceed with
litigation against the driver and vehicle owner.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund.
Filing fees, service and process fees total approximately $320.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney, is approved as
to form and legality and requires majority vote for approval. - CAK
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 Ashley Angelica Hernandez and Marta
Rebeca Hernandez, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to
recover damages incurred by the County for the replacement of the damaged street light in the amount of
$7,710.14, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Demand letter Hernandez (PDF)
2. DRAFT COMPLAINT Hernandez (PDF)
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04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 25146
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Ashley Angelica Hernandez and Marta Rebeca Hernandez Garc ia
in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for the
repair of Collier County property totaling $7,710.14, plus costs of litigation.
Meeting Date: 04/25/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/05/2023 10:36 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/05/2023 10:36 AM
Approved By:
Review:
Risk Management Michael Quigley Additional Reviewer Completed 04/05/2023 10:58 AM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/14/2023 11:35 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/14/2023 3:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2023 9:59 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 04/17/2023 10:48 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/19/2023 9:48 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
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[22-RMG-00711/1782291/1]
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
v. Case No.
ASHLEY ANGELICA HERNANDEZ AND
MARTA HERNANDEZ,
Defendants.
___________________________/
COMPLAINT FOR DAMAGES
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (hereinafter “the County”), by and through undersigned counsel, hereby sets
forth its Complaint against ASHLEY ANGELICA HERNANDEZ for damages and negligence
and states to the Court in support as follows:
1. This is an action for damages that exceeds $2,500.00 but does not exceed $15,000.
2. All events and occurrences set forth occurred and took place in Collier County, Florida.
3. Collier County is a political subdivision of the State of Florida.
4. At all times material, the Defendant, Ashley Angelica Hernandez, was sui juris and a
resident of Collier County, Florida.
5. At all times material, the Defendant, Marta Hernandez, was sui juris and a resident of
Collier County, Florida.
6. This Court has jurisdiction over all parties and venue is proper in Collier County, Florida.
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7. At the time of the subject incident, Defendant Marta Hernandez maintained a motor vehicle
registration in Collier County, Florida.
8. At all times material, Collier County owned and maintained the streetlight on Santa
Barbara Boulevard, north of Whitaker Road.
9. On or about April 1, 2021, Marta Hernandez was the owner of the 2016 Ford Mustang
bearing Florida tag DPGS55 that caused damage on to Collier County property.
10. On or about April 1, 2021, Defendant, Ashley Angelica Hernandez, was operating the
motor vehicle registered to Marta Hernandez on Santa Barbara Boulevard, Naples, Florida
and lost control of the vehicle causing the vehicle to hydroplane and ultimately damage the
streetlight owned by Collier County.
11. At that time and place, Ashley Angelica Hernandez, as driver of the vehicle, negligently
operated or maintained the motor vehicle so that it caused damage to the Plaintiff’s
property.
COUNT I- NEGLIGENCE AGAINST MASON TYLER MORGAN
12. The Plaintiff, by reference, reiterates and adopts paragraphs 1 through 9 and further states:
13. At the aforementioned place and time, Defendant, Ashley Angelica Hernandez, was
operating a motor vehicle and negligently operated and/or maintained the motor vehicle by
failing to operate the vehicle in a safe and reasonable manner.
14. Defendant, Ashley Angelica Hernandez, owed a duty to the Plaintiff, to ensure the vehicle
was operated in a careful and safe manner and to prevent the vehicle from causing damage
to the Plaintiff’s property.
15. Defendant breached this duty and negligently operated the vehicle.
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16. As a direct and proximate result of the negligence of Defendant, Ashley Angelica
Hernandez, the Plaintiff, Collier County, suffered property damage totaling $7,710.14.
(The relevant invoices are attached hereto as Exhibit “A”).
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Ashley Angelica Hernandez, for all aforementioned
damages, pre-judgment interest, and interest from the entry of judgment until paid, plus cost
of litigation, and any further relief this Court deems just and proper.
COUNT II – CLAIM AGAINST MARTA HERNANDEZ PURSUANT TO THE
DANGEROUS INSTRUMENTALITY DOCTRINE
17. The Plaintiff, by reference, reiterates and adopts paragraphs 1 through 9 and further states:
18. At the aforementioned time and place, Defendant, Marta Hernandez, owned the vehicle
that was being operated with the knowledge and express or implied consent by Defendant,
Ashley Angelica Hernandez.
19. Defendant, Marta Hernandez, was the owner of the vehicle driven by Ashley Angelica
Hernandez and had custody, possession and control of the vehicle, a dangerous
instrumentality.
20. Defendant, Marta Hernandez, as the owner of the vehicle, had a nondelegable duty to
ensure it was operated safely.
21. Defendant, Marta Hernandez, is strictly and vicariously responsible for the negligence of
Ashley Angelica Hernandez under the doctrine of dangerous instrumentality.
22. As a direct and proximate result of the negligence of Defendant, Marta Hernandez,
Plaintiff, Collier County, suffered property damage totaling $7,710.14.
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Marta Hernandez, for all aforementioned damages, pre-
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[22-RMG-00711/1782291/1]
judgment interest, and interest from the entry of judgment until paid, plus cost of litigation, and
any further relief this Court deems just and proper.
COLLIER COUNTY, FLORIDA
By: _________________ _____
COLLEEN A. KERINS, ESQ.
Florida Bar No. 91752
Collier County Attorney’s Office
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5746
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Plaintiff COLLIER COUNTY
colleen.kerins@colliercountyfl.gov
rosa.villarreal@colliercountyfl.gov
marian.rhyne@colliercountyfl.gov
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Packet Pg. 2211 Attachment: DRAFT COMPLAINT Hernandez (25146 : Authorize the County Attorney to file a lawsuit against Ashley Hernandez and Marta