Agenda 06/27/2023 Item #16K 5 (Lawsuit against Kenneth Andre Slusser from a motor vehicle accident on behalf of the Collier County BCC)16. K.5
06/27/2023
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of
County Commissioners against Kenneth Andrew Slusser in the County Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, to recover $20,523.32 in damages incurred by the County for
repairs to the Collier County Government Complex sign, 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 Kenneth Andrew Slusser to recover damages
in the amount of $20,523.32, plus costs of litigation.
CONSIDERATIONS: On December 21, 2020, Kenneth Andrew Slusser was found at fault for a single -car motor
vehicle accident at the corner of Airport Pulling Road and Tamiami Trail East. The vehicle driven by Mr. Slusser
came to a rest after impacting the Collier County Government Center sign in front of the government complex. The
monument sign was ultimately replaced.
It was determined that Kenneth Andrew Slusser did not have insurance at the time of the accident; therefore,
collection against the individual is required to compensate the County for its damages.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund
5016. Filing fees, service and process fees total approximately $410.00.
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 Kenneth Andrew Slusser, 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 of County property totaling $20,523.32, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. DRAFT COMPLAINT -Kenneth Slusser (PDF)
2. Exhibit A Slusser (PDF)
Packet Pg. 1543
16. K.5
06/27/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 25795
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Kenneth Andrew Slusser in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to recover $20,523.32 in damages incurred by the County for
repairs to the Collier County Government Complex sign, plus costs of litigation.
Meeting Date: 06/27/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
06/08/2023 3:02 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/08/2023 3:02 PM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Quigley
Additional Reviewer
Colleen Kerins
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Blanca Aquino Luque Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/08/2023 3:04 PM
Completed
06/19/2023 4:58 PM
Completed
06/20/2023 8:30 AM
Completed
06/20/2023 8:54 AM
Completed
06/20/2023 9:37 AM
Completed
06/21/2023 11:40 AM
06/27/2023 9:00 AM
Packet Pg. 1544
16. K.5.a
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
V. Case No.
KENNETH ANDREW SLUSSER,
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 KENNETH ANDREW SLUSSER for damages and negligence and
states to the Court in support as follows:
1. This is an action for damages that exceeds $15,000 but does not exceed $30,000.
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. This Court has jurisdiction over all parties and venue is proper in Collier County, Florida,
pursuant to home venue privilege and the accident in question occurred in Collier
County, Florida.
5. On December 21, 2020, Kenneth Andrew Slusser was operating a motor vehicle near the
intersection of Airport Pulling Road and Tamiami Trail East in Naples, Florida.
[21-RMG-00671/1796492/11
Packet Pg. 1545
16. K.5.a
6. Kenneth Andrew Slusser lost control of the vehicle and the vehicle made impact with the
Collier County Government Center stucco monument sign located at the Government
Complex entrance at Airport Pulling Road. The sign was owned and maintained by
Collier County Board of County Commissioners.
7. Kenneth Andrew Slusser failed to use due care and caused property damage to Plaintiff's
property.
8. Kenneth Andrew Slusser had a duty to operate the 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 he was operating his vehicle.
9. Kenneth Andrew Slusser breached his duty and was negligent in failing to use due care
when his vehicle struck County property.
10. As a result of the negligence of Kenneth Andrew Slusser, the County suffered property
damage in the amount of $20,523.32 to repair the County owned and maintained
property. The applicable invoices are attached hereto as "Exhibit A."
11. Although requested to pay these damages, Kenneth Andrew Slusser 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, Kenneth Andrew Slusser, for all aforementioned
damages, pre judgment interest, 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
[21-RMG-00671/1796492/1]
Packet Pg. 1546
16. K.5.a
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(-ct� colliercountyfl. gov
rosa.villarrealgcolliercountyfl.gov
marian.rhyne(-ct� colliercountyfl. gov
[21-RMG-00671/1796492/1]
Packet Pg. 1547
Superior Landscaping and Lawn Service, Inc.
Invoice
P.O. Box 35-0095
Miami, FL 33135
Bill To
Collier County Government Complex
3335 Tamiami Trail E
Naples, FL 34112
Ann Simpson
Date Invoice #
6/28/2022 91587
Job Site
Collier County Government Complex
Airport Pulling Road Entrance
34112
Account #
Month of Service
P.O. No.
Terms
Due Date
4500213161
Net 30
7/28/2022
Description I Amount
Proposal: 09072021-CCGC
Government Complex Airport Pulling Rd Entrance 3,642.32
Removing all plant materials and installing a new one. Current irrigation system must be adjusted in order
to reach expected coverage. Current irrigation system must be reestablished and adjusted for new plant
materials.
-Arboricola= 20 Qty x $20.00 = $400.00 + $120.00 (30%) + $28.00 (Tax) _ $548.00
-Brown Mulch Pallct= 70 bags x $2.39 = $167.30 + $50.19 (30%) + $10.04 (Tax) _ $227.53
-Miscellaneous Irrigation $471.99 + $141.60 (30%) + $28.20 (Tax) _ $641,79
-Labor: -Landscaping Supervisor $65.00 x 1 OHrs=$650.00
-Landscaping Helper: @$35.00 x 15Hrs= $525.00
- Irrigation Technician: @$35.00 x (2Helpers)= $70.00 x ISHrs= $1,050.00
Labor:$ 2,225.00 Material:$ 1,417.32
Total $3,642.32
Payments/Credits $0.00
Balance Due $3,642.32
Phone
Fax
E-mail
Web Site
(305) 634-0717
(305) 634-0744
mvaldes@superiorlandscaping.com
www.superioriandscaping.com
L
d
N
N
7
Q
t
K
W
r-�
C
d
E
t
R
E Packet Pg. 1548
Hart's Electrical Inc
281271h Street NW
Naples, FL 34120
Bill To:
Board of County Commissioners
Attn: Accounts Payable
Finance Department
PO Box 413016
Naples, FL 34101-3016
INVOICE
Invoice Date Invoice #
2/7/2021 5116
Job At:
COLLIER FACILITIES MANAGEMENT
ATTN: JAMES WILLIAMS
3335 TAMIAMI TRL E
NAPLES FL 34112
P.O. No.
Terms
Project
4500209284
Net 30
Description
Qty
Rate
Serviced
Amount
WORK PERFORMED - COLLIER COUNTY
2/6/2021
0.00
GOVERNMENT COMPLEX AIRPORT ROAD ENTRY SIGN
AND BROOKS BOX REMOVAL
Remove obsolete large FPL Bathtub Brooks Box.
Cut out old box and fill in large hole with clean fill.
Remove old Brooks Box lids and dispose.
Work performed on Saturday due to traffic.
JOURNEYMAN LABOR @ $55.00 PER HOUR
6
55.00
330.00
APPRENTICE LABOR @ $45.00 PER HOUR
4
45.00
180.00
MATERIALS one load of Dirt $ 160.00 X 10% =
176.00
176.00
Thank you for your business. Your prompt payment is appreciated.
Total $686.00
THERE WILL BE A $15 CHARGE FOR ALL RETURNED CHECKS
Payments/Credits
10% INTEREST WILL BE ASSESSED ON ALL UNPAID BALANCES
$0.00
AFTER 30 DAYS
Bell=11M
$686.00
Phone #
239-353-7187
Q
Packet Pg. 1549
L
EN
JI
$
& TNING3
Project # Date Ordered
57569
3649 Progress Ave.
Naples, FL 34104
P:(239) 643-4404 F:(239) 643-3194
www.signsandthings.com
Date Completed Salesperson
MIKE
Billing
CCBCC
ATTN: ACCOUNTS PAYABLE
3299 TAMIAMI TRAIL E, STE 700
NAPLES, FL 34112-5749
Location
Collier County Government Center
PO# 4500209323
2715 Airport Rd. So.
Naples, FL 34112
Mike L.
Invoice
Date: 06-22-2021
Invoice #: 8651
Terms
Due Upon Receipt
Description
Qty
Price
Tota
One double face polystone wall sign with trovicel graphics.
1.00
15,545.00
15,545.01
Permit
1.00
350.00
350.01
Engineering
1.00
300.00
300.01
Subtotal:
16,195.00
Deposit:
0.00
000000
0.00
Total Tax:
0.00
Total Due:
16,195.00
Packet Pg. 1550