Agenda 07/11/2023 Item #16K 1 (Authorize the County Attorney for file charges against John and Kaci Carroll for damages for the repair of property)16. K.1
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of
County Commissioners against John Carroll and Kaci Renee Carroll 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 $3,345.72, 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 John Carroll and Kaci Renee Carroll to
recover damages in the amount of $3,345.72, plus costs of litigation.
CONSIDERATIONS: On June 15, 2021, Kaci Renee Carroll was driving a vehicle owned by John Carroll
westbound on Immokalee Road when the driver lost control of the vehicle and impacted landscaping owned and
maintained by the County. As the owner of the vehicle, John Carroll is vicariously liable for the damage caused by
Kaci Renee Carroll.
The County incurred damages in the amount of $3,345.72 for the replacement of a live oak tree, sabal palm tree,
muhly grass, and liriope plants. Despite repeated demands, both John Carroll and Kaci Renee Carroll have failed to
respond to the County's attempts to obtain reimbursement for the damage. The County has no other recourse for
recovery of the costs than to proceed with litigation against the driver and vehicle owner.
FISCAL IMPACT: Filing fees, service and process fees total approximately $320.00. Funds are budgeted and
available in the Risk Management Property & Casualty Fund (5016).
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 John Carroll and Kaci Renee Carroll, 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 landscaping in the amount of $3,345.72, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Complaint -Carroll (PDF)
Packet Pg. 1349
16.K.1
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 25962
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against John Carroll and Kaci Renee Carroll 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 $3,345.72, plus costs of litigation.
Meeting Date: 07/11/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
06/28/2023 9:37 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/28/2023 9:37 AM
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
Christopher Johnson Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/28/2023 1:21 PM
Completed
06/29/2023 9:20 AM
Completed
06/29/2023 9:43 AM
Completed
06/29/2023 9:49 AM
Completed
07/03/2023 9:14 AM
Completed
07/03/2023 11:57 AM
07/11 /2023 9:00 AM
Packet Pg. 1350
16.K.1.a
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.
JOHN CARROLL AND
KACI RENEE CARROLL,
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 JOHN CARROLL AND KACI RENEE CARROLL 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 $8,000.00.
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, Kaci Renee Carroll, was sui juris and a resident of
Lee County, Florida.
5. At all times material, the Defendant, John Carroll, was sui juris and a resident of Lee
County, Florida.
0
L
L
�M♦
V
c
a
E
0
0
c
as
E
0
a
[ 23-R M G-00775/ 1800745/1]
Packet Pg. 1351
16.K.1.a
6. This Court has jurisdiction over all parties and venue is proper in Collier County, Florida
as the events transpired in Collier County and Collier County has home rule privilege.
7. At all times material, Collier County owned and maintained the median landscaping on
Immokalee Road near Richards Road in Naples, Florida.
8. On or about June 15, 2021, John Carroll was the owner of the 2012 Hyundai that caused
damage to Collier County property.
9. On or about June 15, 2021, Defendant, Kaci Renee Carroll, was operating the motor vehicle
registered to John Carroll on Immokalee Road, Naples, Florida, and lost control of the
vehicle and ultimately damage the median landscaping owned by Collier County.
10. At that time and place, Kaci Renee Carroll, 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 KACI RENEE CARROLL
11. The Plaintiff, by reference, reiterates and adopts paragraphs 1 through 10 and further states
12. At the aforementioned place and time, Defendant, Kaci Renee Carroll, 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.
13. Defendant, Kaci Renee Carroll, 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.
14. Defendant breached this duty and negligently operated the vehicle.
15. As a direct and proximate result of the negligence of Defendant, Kaci Renee Carroll, the
Plaintiff, Collier County, suffered property damage totaling $3,345.72. (The relevant
invoices are attached hereto as Exhibit "A")
0
L
L
�M♦
V
c
a
E
0
c)
c
as
E
M
0
0
a
[ 23-R M G-00775/ 1800745/1]
Packet Pg. 1352
16.K.1.a
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, demands judgment against the Defendant, Kaci Renee Carroll, 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 JOHN CARROLL PURSUANT TO THE
DANGEROUS INSTRUMENTALITY DOCTRINE
16. The Plaintiff, by reference, reiterates and adopts paragraphs 1 through 10 and further
states:
17. At the aforementioned time and place, Defendant, John Carroll, owned the vehicle that was
being operated by Defendant, Kaci Renee Carroll, and the vehicle was operated with John
Carroll's knowledge and express or implied consent.
18. Defendant, John Carroll, was the owner of the vehicle driven by Kaci Renee Carroll and
had custody, possession and control of the vehicle, a dangerous instrumentality.
19. Defendant, John Carroll, as the owner of the vehicle, had a nondelegable duty to ensure it
was operated safely.
20. Defendant, John Carroll, is strictly and vicariously responsible for the negligence of Kaci
Renee Carroll under the doctrine of dangerous instrumentality.
21. As a direct and proximate result of the negligence of Defendant, John Carroll, Collier
County, suffered property damage totaling $3,345.72.
0
L
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
M
demands judgment against the Defendant, John Carroll, for all aforementioned damages, pre-
a
a
E
judgment interest, and interest from the entry of judgment until paid, plus cost of litigation, and
0
any further relief this Court deems just and proper.
c
0
a
[ 23-R M G-00775/ 1800745/1]
Packet Pg. 1353
16.K.1.a
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.villarrealgcolliercount�fl.gov
marian.rhyne(&colliercountyfl. gov
[ 23-R M G-00775/ 1800745/1]
Packet Pg. 1354
16.K.1.a
z
0
w
U)
z
_0
H
Q
w
W
d LL
U 00
m
aG
�% ❑ CV
N
����--
z i W Q Co�C
:E n LL o
LLI - 2:
iw3:!Jw
Q z N Q W
�¢UlzF-
Nr
W 00 N m
H
z N
� CV
[3 �
¢
}
H
z
D
0
w
W
J
J
0
U
CO O
(7 Ln
06 4
N ~
59 69 E9
P
E
7
ti M
Ln O
LO M
N CV
6'1,69
p Q 0 0 O r J
0C)C) Utica
0
CD C o @
O E :: _
=aa
W 'c o
gW =
a�
7
0
C
a
EXHIBIT A
Packet Pg. 1355
Replacement Estimate - Traffic Acddent Report03363
lmmokalee Rd East median i54 at east end (west of Richards street)
Fixed Term Service Multi -Contractor Award Agreement #18-7430
Section I f. 1.3 Additional 5ervies and Traffic Accident Cleanup
Contact Person: Mary Santiago
Date: 4/1812022
Department J Division: GROWTH MANAGEMENT f ROAD MAINTENANCE
Office Number. 239-252-8924
Quote submission.email: nary.santia¢ogpcoIlie rcountvFl.Roy
CONTRACTORO'
Company Name: Superb Landscape Services Inc
Company Address: 3980 Exchange Ave Naples, FL 34104
quote Valid For: Per contract # 18-7430
Contact: Robert Kindelon
Contact Phone Number: 239-643-6205
Contact Email Address: rkindelan @cam mlandmaint.net
aid Line I tern 9 Plant Materhl qty Unit
793 Live oak tree, 65 Gallon 1
Price Total
$583.50 $583.50
$27
Sabol Palm 110.19 OA
1
$413.75
$413.75
785
Lirlopes, 1 Gallon
55
$12,73
$700.15
785
Muhlygross, 1 Gallon
5
$12,73
$63.65
887
Slte Clearing Damage
3
$265.23
$795.69
Grand Total Project Costs:
$2,556.74
16.K.1.a
d
El
tV
to
0)
LO
tV
O
L
L
U
c
E
O
U
c
d
E
t
0
to
r
Q
Packet Pg. 1356