Agenda 04/25/2023 Item #16K 7 (CAO to file a lawsuit on behalf of the BCC against Michael Lavery and Mason Tyler Morgan)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 Michael Lavery and Mason Tyler Morgan in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County
for the repair to the security gate and fence at the South County Regional Water Treatment Plant located at
3875 City Gate Drive the totaling $4,400, 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 Michael Lavery and Mason Tyler Morgan to
recover damages in the amount of $4,400, plus costs of litigation.
CONSIDERATIONS: On January 8, 2021, at approximately 1:00 a.m., a truck driven by Mason Tyler Morgan
and owned by Michael Lavery drove through the security gate of the restricted area of the well field located at 3959
City Gate Drive North, near the South Florida Water Management District location. The cause of the property
damage was confirmed using security footage and Collier County Sheriff’s Office was dispatched to the water
plant.
The County incurred damages in the amount of $4,400 for repair to the double swing gate. Despite repeated
demands, Mr. Lavery, as the owner of the vehicle, has refused and continues to refuse to reimburse the County for
these repairs. 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.
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 Michael Lavery and Mason Tyler
Morgan, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover
damages incurred by the County for the repair the security gate of the restricted area of well field located at 3959
City Gate Drive North in the amount of $4,400, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. 2nd Demand letter Lavery (PDF)
2. DRAFT COMPLAINT Lavery (PDF)
16.K.7
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04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 25150
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Michael Lavery and Mason Tyler Morgan in the County Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the
repair to the security gate and fence at the South County Regional Water Treatment Plant located at 3875 City Gate
Drive the totaling $4,400, plus costs of litigation.
Meeting Date: 04/25/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/05/2023 10:51 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/05/2023 10:51 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 11:36 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 10:01 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/17/2023 10:12 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/19/2023 9:46 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
16.K.7
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16.K.7.aPacket Pg. 2237Attachment: 2nd Demand letter Lavery (25150 : Authorize the County Attorney to file a lawsuit against Michael Lavery and Mason Tyler Morgan)
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[21-RMG-00678/1770302/1]
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.
MICHAEL LAVERY AND
MASON TYLER MORGAN,
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 MICHAEL LAVERY and MASON TYLER MORGAN 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 $5,000.
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, Michael Lavery, was sui juris and a resident of Collier
County, Florida.
5. At all times material, the Defendant, Mason Tyler Morgan, 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.
16.K.7.b
Packet Pg. 2248 Attachment: DRAFT COMPLAINT Lavery (25150 : Authorize the County Attorney to file a lawsuit against Michael Lavery and Mason Tyler
[21-RMG-00678/1770302/1]
7. At the time of the subject incident, Defendant Michael Lavery maintained a motor vehicle
registration in Collier County, Florida.
8. At all times material, Collier County owned and maintained the property located at 3959
City Gate Boulevard, Naples, Florida.
9. On or about January 8, 2021, Michael Lavery was the owner of the truck bearing Florida
tag LRUX84 that caused damage on January 8, 2021, to Collier County property.
10. On or about January 8, 2021, Defendant, Mason Tyler Morgan, was operating the motor
vehicle registered to Michael Lavery at or near 3959 City Gate Boulevard, Naples, Florida
and while operating the vehicle caused damage to the double swing gate owned by Collier
County.
11. At that time and place, Mason Tyler Morgan, 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, Mason Tyler Morgan, was operating a
motor vehicle and negligently operated and/or maintained the motor vehicle by attempting
to exit the property located at 3959 City Gate Boulevard while the double swing security
gate was closed and locked to the public.
14. Defendant, Mason Tyler Morgan, 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.
16.K.7.b
Packet Pg. 2249 Attachment: DRAFT COMPLAINT Lavery (25150 : Authorize the County Attorney to file a lawsuit against Michael Lavery and Mason Tyler
[21-RMG-00678/1770302/1]
16. As a direct and proximate result of the negligence of Defendant, Mason Tyler Morgan, the
Plaintiff, Collier County, suffered property damage totaling $4,400.00.
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Mason Tyler Morgan, 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 MICHAEL LAVERY 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, Michael Lavery, owned the vehicle that
was being operated with the knowledge and express or implied consent by Defendant,
Mason Tyler Morgan.
19. Defendant, Michael Lavery, was the owner of the vehicle driven by Mason Tyler Morgan
and had custody, possession and control of the vehicle, a dangerous instrumentality.
20. Defendant, Michael Lavery, as the owner of the vehicle, had a nondelegable duty to ensure
it was operated safely.
21. Defendant, Michael Lavery, is strictly and vicariously responsible for the negligence of
Mason Tyler Morgan under the doctrine of dangerous instrumentality.
22. As a direct and proximate result of the negligence of Defendant, Michael Lavery, Plaintiff,
Collier County, suffered property damage totaling $4,400.00
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Michael Lavery, 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.
16.K.7.b
Packet Pg. 2250 Attachment: DRAFT COMPLAINT Lavery (25150 : Authorize the County Attorney to file a lawsuit against Michael Lavery and Mason Tyler
[21-RMG-00678/1770302/1]
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
16.K.7.b
Packet Pg. 2251 Attachment: DRAFT COMPLAINT Lavery (25150 : Authorize the County Attorney to file a lawsuit against Michael Lavery and Mason Tyler