Agenda 04/25/2023 Item #16K 6 (CAO to file a lawsuit on the behalf of BCC against Rachel Jimenez Lopez)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 Rachel Jimenez Lopez 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
$7,956.38 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, Rachel Jimenez Lopez to recover damages in the
amount of $7,956.38, plus costs of litigation.
CONSIDERATIONS: On September 27, 2020, Rachel Jimenez Lopez was driving her vehicle near the
intersection of Livingston Road and Pine Ridge Road when she lost control of her vehicle and damaged a street
light. The County incurred damages in the amount of $7,956.38 for the replacement of the street light. Rachel
Jimenez Lopez did not have insurance at the time of the accident and has not responded to the County’s attempts to
obtain payment. The County has no other recourse for recovery of the costs than to proceed with litigation against
the driver.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund.
Filing fees, service and process fees total approximately $310.00.
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 Rachel Jimenez Lopez 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 $7,956.38, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Demand letter to 3rd address Jimenez (PDF)
2. DRAFT COMPLAINT Jimenez (PDF)
16.K.6
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04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 25147
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Rachel Jimenez Lopez 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 $7,956.38 plus costs of litigation.
Meeting Date: 04/25/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/05/2023 10:44 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/05/2023 10:44 AM
Approved By:
Review:
Risk Management Michael Quigley Additional Reviewer Completed 04/05/2023 12:48 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/14/2023 11:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/14/2023 3:53 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2023 10:04 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/17/2023 10:17 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-00697/1782333/1]
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SMALL CLAIMS DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
v. Case No.
RACHEL JIMENEZ LOPEZ,
Defendant.
___________________________/
COMPLAINT FOR DAMAGES AND STATEMENT OF CLAIM
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (hereinafter “the County”), by and through undersigned counsel, hereby sets
forth its Complaint against RACHEL JIMENEZ LOPEZ 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 $15,000.00.
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, Rachel Jimenez Lopez, was sui juris and a resident
of Collier County, Florida.
5. This Court has jurisdiction over all parties and venue is proper in Collier County, Florida.
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Packet Pg. 2232 Attachment: DRAFT COMPLAINT Jimenez (25147 : Authorize the County Attorney to file a lawsuit against Rachel J. Lopez to recover damages
[22-RMG-00697/1782333/1]
6. On September 27, 2020, Rachel Jimenez Lopez was operating a motor vehicle near the
intersection of Pine Ridge Road and Livingston Road in Naples, Florida. While driving,
Rachel Jimenez Lopez lost control of the vehicle and the vehicle damaged a streetlight
owned by Collier County.
7. Rachel Jimenez Lopez failed to use due care and caused property damage to the vehicle
owned by the Plaintiff.
8. Rachel Jimenez Lopez had a duty to operate her vehicle in a reasonable, responsible and
safe manner towards the public, in general, and towards any and all vehicles and property
surrounding the area in which she was operating her vehicle.
9. Rachel Jimenez Lopez breached her duty and was negligent in failing to use due care when
she caused damage to Collier County property.
10. As a result of the negligence of Rachel Jimenez Lopez, the County suffered property
damage in the amount of $7,956.38 to repair the County owned and maintained vehicle,
plus statutorily accruing interest. The invoices are attached hereto as Exhibit “A.”
11. Although requested to pay these damages, Rachel Jimenez Lopez has refused and continues
to refuse to pay the damages, which necessitated the filing of this action.
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Rachel Jimenez Lopez, for all aforementioned damages,
prejudgment interest, and interest from the entry of judgment until paid, plus cost of litigation, and
any further relief this Court deems just and proper.
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Packet Pg. 2233 Attachment: DRAFT COMPLAINT Jimenez (25147 : Authorize the County Attorney to file a lawsuit against Rachel J. Lopez to recover damages
[22-RMG-00697/1782333/1]
Respectfully Submitted:
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
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. 2234 Attachment: DRAFT COMPLAINT Jimenez (25147 : Authorize the County Attorney to file a lawsuit against Rachel J. Lopez to recover damages