Agenda 07/11/2023 Item #16K 2 (File a lawsuit against Yordanka Torres to recover damages for the repair of property)16. K.2
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 Yordanka Gonzalez Torres 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 $1,875.52, 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 Yordanka Gonzalez Torres to recover
damages in the amount of $1,875.52, plus costs of litigation.
CONSIDERATIONS: On October 26, 2020, Collier County Sheriff's Office responded to a single car accident on
Pine Ridge Road east of Summerwind Drive. A vehicle owned by Yordanka Gonzalez Torres struck another
vehicle and ultimately damaged landscaping in the median owned and maintained by Collier County.
The County incurred damages in the amount of $1,875.52 for the replacement of a 15 crown of thorns plants and an
Alexander palm. Despite repeated demands, Yordanka Gonzalez Torres has 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 vehicle owner.
FISCAL IMPACT: Filing fees, service and process fees total approximately $225.00. 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 Yordanka Gonzalez Torres, 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 $1,875.52, plus costs of litigation.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Complaint -Torres (PDF)
Packet Pg. 1357
16. K.2
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 25963
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against Yordanka Gonzalez Torres 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 $1,875.52, plus costs of litigation.
Meeting Date: 07/11/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
06/28/2023 9:41 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/28/2023 9:41 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 9:21 AM
Completed
06/29/2023 9:44 AM
Completed
06/29/2023 9:49 AM
Completed
07/03/2023 9:09 AM
Completed
07/03/2023 11:58 AM
07/11 /2023 9:00 AM
Packet Pg. 1358
16. K.2.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.
YORDANKA GONZALEZ TORRES,
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 YORDANKA GONZALEZ TORRES for damages and negligence and
states to the Court in support as follows:
1. This is an action for damages that exceeds $500.00 but does not exceed $2,500.00.
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. 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.
5. At all times material, Collier County owned and maintained the median landscaping on
Pine Ridge Road near Summerwind Drive in Naples, Florida.
6. On or about October 26, 2020, Yordanka Gonzalez Torres was the owner of the 2011
Toyota Corolla that caused damage to Collier County property.
N
L
L
0
M
a
E
0
U
_
as
E
0
a
[ 22-R M G-00729/ 1800741/1]
Packet Pg. 1359
16. K.2.a
7. At that time and place, the vehicle was negligently operated or maintained the motor
vehicle so that it caused damage to the Plaintiff's property.
COUNT I — CLAIM AGAINST YORDANKA GONZALEZ TORRES TO THE
DANGEROUS INSTRUMENTALITY DOCTRINE
8. The Plaintiff, by reference, reiterates and adopts paragraphs 1 through 7 and further states
9. At the aforementioned time and place, Defendant, Yordanka Gonzalez Torres, owned the
vehicle that was being operated on Pine Ridge Road, and the vehicle was operated with the
Defendant's knowledge and express or implied consent.
10. Defendant, Yordanka Gonzalez Torres, was the owner of the vehicle and had custody,
possession and control of the vehicle, a dangerous instrumentality.
11. Defendant, Yordanka Gonzalez Torres, as the owner of the vehicle, had a nondelegable
duty to ensure it was operated safely.
12. Defendant, Yordanka Gonzalez Torres, is strictly and vicariously responsible for the
negligence under the doctrine of dangerous instrumentality.
13. As a direct and proximate result of the negligence of Defendant, Yordanka Gonzalez
Torres, Collier County, suffered property damage totaling $1,875.52. (Pertinent invoices
of damages are attached hereto as Exhibit "A")
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Yordanka Gonzalez Torres, for all aforementioned
damages, pre judgment interest, and interest from the entry of judgment until paid, plus cost of
litigation, and any further relief this Court deems just and proper.
Q
[ 22-R M G-00729/ 1800741/1]
Packet Pg. 1360
16. K.2.a
COLLIER COUNTY, FLORIDA
By:
COLLEEN A. KERINS, ESQ.
Florida Bar No. 91752
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5746
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Plaintiff COLLIER COUNTY
colleen.kerins(&colliercountyfl. gov
rosa.villarrealgcolliercount�fl. gov
marian.rhyne(&colliercount�fl. gov
[ 22-R M G-00729/ 1800741/1]
Packet Pg. 1361
uep oA IsmeBe }nsmm m!j m mmIV Aunoo em a i,oLlV:E§6 Z s a off } mld woo :juGwt43ejjv
, /
/
, e
) &
l�LO
tC'4
Lo$
, 0 — A
'ƒcoL
! ± S 2
/LL O
\b
! m 1 -J
�$//
1� \
\
. \
? %
)
d
/
/
\
�
\
\
E
\
:
�\
7 %
e
E u
m
/\
0
C \
■\
q
k
co
c
%
/
d
c >
%
■ m
O
\ (
\
.§
\
-a
75
O
4
& C
6
°
$
�\
\
n
j
f
y
=
a E
E
2
R 04
a /
CL
j
L
2
L
0
}
O
g
p
L
±
/
\ 5
i
/ 0
O p
R
a� L
ƒ
0
\
\
0
k
� E
k
� (
k
�\
m §
\
}o
/O
f (
® \
\%
fU)
/O
\\
m
�
\
>
-0/
/
<
//$
/$
\ \
CO
mm(21� mm
» 2 5
= F 5
R ° \
\ \ 2
e
I \ $
O ®
c 'e
0—
/�
72
/ m
2
\
m
/
\
2
0
E
\
g
oo
3
k
a.
\
a.
Request for Quote: Traffic Accident Report #3265
Pine Ridge Rd at median 20, west of Summerwind Dr
Pine Ridge Road Landscape Maintenance #18-7255
Section III. 1.3 Additional Servies and Traffic Accident Cleanup
Contact Person: Samantha Roe
Date: 2/3/2022
Department / Division: GROWTH MANAGEMENT / ROAD MAINTENANCE
Office Number: 239-25z-8924
Quote submission email: Samantha. RoeCc@colliercountyfl.gov
Company Name: Superior Landscaping & Lawn Sevice, Inc.
Company Address: P O Box 35-0095, Miami, FL 33135
Quote Valid For: Per contract # 18-7255
Quoted by: Rolando Sanchez
Contact Phone Number: 305-634-0717
Contact Email Address: rsanchezCa@superiorlandscapine.com
•
56
Alexander Palm /10'-16' OA, FG / RPG
7 1
$720.00
$720.00
43
Crown of Thorns
15
$15.00
$225.00
146
Site Clearing Damage
4
$65.00
$260.00
(site preparation)
Grand Total Project Costs:
$1,205.00
16.K.2.a
Q
Packet Pg. 1363
Road Maintenance Task Report co t,cou 16.K.2.a
Growth Management Departrnent
a
x
52;0 le0c
— Grand CypressCir
P:n= Ridn. n.; Pine Ridge Rd
K ett ',,rq n High St
r
,M
F
Is
Unrversily of South Florida, County of Collier, Esn, HERE, Germin, INCREMENTP, NGA, USGS
PriorityTask ID Issue Activity Asset r
474424 Traffic Accident Irrigation Area High
LM-601
Status Completed Location
Description
Street PINE RIDGE RD Intersecting Street SUMMERWIND
DR
Details
Notes TAR# 3265
11/3/2020; L. Varela A. Guzman
Controller 44
Median 20
Inspected accident scene found broken sprinkler head. Replaced, tested from ICC working
properly.
2/3/2022 Generated by Cartegraph
r
a
Packet Pg. 1364
Road Maintenance Task Report cow-emurt
16.K.2.a
Growth Management DepaMient
R. Young (30OCT2020)
Location: Pine Ridge Rd. median 20
Damages: 1 Alexander palm broken at the base (tree 3375), 2 foxtail and 1 sabal slightly scratched,
1 foxtail with bigger marks to the bark, 15 crown of thorns. Crew utilized pitch forks, shovels,
chainsaw and back pack blower to remover damaged vegetation that has been irrevocably
damaged in an accident. All removed vegetation was placed in the back of the cage truck for proper
disposal.
H.Nunez 10/30/2020 Initial
Pine Ridge Initial inspection of a traffic accident
Location: median 20
Damages: 1 Alexander palm broken at the base (tree 3375), 2 foxtail and 1 sabal slightly scratched,
1 foxtail with bigger marks to the bark, 15 crown of thorns and possible irrigation damage
Labor Log
Labor
Rate Name
Hours
Cost
10/30/2020
16555 Boyd Justin
Standard
1.50
37.88
0
10/30/2020
15637 Tevin Bright
Standard
0.50
13.05
10/30/2020
16961 Acosta Luis
Standard
0.50
12.62
0
10/30/2020
16617 Young Richard
Standard
1.50
43.08
a
10/30/2020
16617 Young Richard
Standard
0.50
14.36
10/30/2020
16555 Boyd Justin
Standard
0.50
12.62
C
U
10/30/2020
15637 Tevin Bright
Standard
1.50
39.15
10/30/2020
15534 Nunez Hery
Standard
0.50
17.44
N
10/30/2020
16961 Acosta Luis
Standard
1.50
37.88
`o
11/3/2020
15500 Varela Luis
Standard
0.25
6.52
a
11/3/2020
15972 Guzman Adarick
Standard
0.25
6.31
M
11/3/2020
15972 Guzman Adarick
Standard
0.25
6.31
a
11/3/2020
15972 Guzman Adarick
Standard
0.75
18.94
11/3/2020
15500 Varela Luis
Standard
0.25
6.52
L
11/3/2020
15500 Varela Luis
Standard
0.50
13.05
L
0
11/3/2020
15972 Guzman Adarick
Standard
0.50
12.62
11/3/2020
15500 Varela Luis
Standard
0.75
19.58
12.00
Total 317.93
C
U
Equipment Log
r
c
E
Date
Equipment Description
Usage
Cost
10/30/2020
CC2-2494 2020 FORD F550
CREW CAB
0.50
21.00
a
2/3/2022 Generated by Cartegraph Page 2
Packet Pg. 1365
Road Maintenance Task Report cow-emurt
16.K.2.a
Growth Management DepaMient
Equipment Log
Dat
Equipment
Descriptio
Us
10/30/2020
CC2-2108
2019 FORD F450 CREW CAB
0.00
0.00
-DUMP BODY
10/30/2020
CC2-2108
2019 FORD F450 CREW CAB
0.50
21.00
-DUMP BODY
10/30/2020
CC2-2494
2020 FORD F550 CREW CAB
0.00
0.00
10/30/2020
CC2-1250
2016 4WD FORD F150 PICKUP
0.50
7.50
11/3/2020
CC2-970
2015 F-250 Crew Cab
0.50
7.50
11/3/2020
CC2-970
2015 F-250 Crew Cab
0.25
3.75
11/3/2020
CC2-1020
2015 3/4-Ton Cargo Van
0.50
7.50
11/3/2020
CC2-970
2015 F-250 Crew Cab
0.75
11.25
11/3/2020
CC2-1020
2015 3/4-Ton Cargo Van
0.00
0.00
11/3/2020
CC2-1020
2015 3/4-Ton Cargo Van
0.25
3.75
11/3/2020
CC2-1020
2015 3/4-Ton Cargo Van
0.75
11.25
11/3/2020
CC2-970
2015 F-250 Crew Cab
0.00
0.00
4.50
Total 94.50
Material Log
Material
Description
11/3/2020 LS4231
Nozzle Toro 15H
11/3/2020 LS4005
PVC Elbow, 1/2 in Barbed
For funny pipe
11/3/2020 LS4221
Sprinkler 12 in Pop Up PRX
Other Log
Date
Task Cost
Labor Cost
L317.93
Vendor Name
Total 0
Purchase Order Quantity Cost
1.00 0.81
1.00 0.12
1.00 12.53
3.00 Total 13.46
Notes
Equip Mater Other Cost
94.50 13.46 0.00 425.89
U)
5D
L
0
e-
a
E
0
U
r
c
m
E
t
R
.r
r
a
2/3/2022
Generated by Cartegraph
Page 3
Packet Pg. 1366