Agenda 01/09/2024 Item #16K 3 (Lawsuit on behalf of the BCC for its EMS Department)01/09/2024
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of
County Commissioners, for its Emergency Medical Services Department, against Matthew Ray Brennan, as
the Personal Representative of the Estate of Judith L. Jacobson, in County small claims court to recover an
objected-to ambulance bill totaling $1,070, plus attorney’s fees and costs of litigation.
OBJECTIVE: For the Board of County Commissioners (“Board”) to authorize the County Attorney to file a
lawsuit on behalf of the Board’s Emergency Medical Services Department (“EMS”) against Matthew Ray Brennan,
as the Personal Representative of the Estate of Judith L. Jacobson, to an objected-to ambulance bill totaling $1,070,
plus attorney’s fees and costs of litigation.
CONSIDERATIONS: On October 17, 2023, Collier County EMS filed a statement of claim with the Estate of
Judith L. Jacobson for an unpaid ambulance bill in the amount of $1,070. The estate’s Personal Representative
Matthew Ray Brennan filed an objection to this claim on October 27, 2023.
Once a claim is objected to, the claimant has 30 days from the receipt of the objection to bring an action against the
estate, or the claim is forever barred. The County Attorney’s Office secured an extension and EMS has until
January 15, 2024 to file an action or its claim is forever barred.
The estate is believed to have assets available to pay the $1,070 EMS bill. The County recommends Board
approval to file a lawsuit because EMS has no other recourse for the preservation of its claim or the recovery of the
bill other than to proceed with litigation against the estate. Attached is a draft copy of the complaint, with exhibits
attached documenting the claim and its objection.
By filing this lawsuit, the County puts estates and probate attorneys on notice that it will pursue separate actions to
recover money it is owed, and objecting to an EMS claim in hopes that a decedent’s debt will disappear is not a
proper legal strategy to employ against the County.
FISCAL IMPACT: The cost to file and serve a small claims complaint is approximately $235. Funds are
budgeted and available for legal fees within the Collier County Emergency Medical Services Fund (4050).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To authorize the County Attorney to file a lawsuit on behalf of the Collier County Board
of County Commissioners, for its Emergency Medical Services Department, against Matthew Ray Brennan, as the
Personal Representative of the Estate of Judith L. Jacobson, in County small claims court to recover an objected-to
ambulance bill totaling $1,070, plus attorney’s fees and costs of litigation.
Prepared By: Derek D. Perry, Assistant County Attorney
Bruce Gastineau, Chief, Emergency Medical Services Department
ATTACHMENT(S)
1. Jacobson - Draft Complaint (PDF)
16.K.3
Packet Pg. 1575
01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 26989
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, for its Emergency Medical Services Department, against Matthew Ray
Brennan, as the Personal Representative of the Estate of Judith L. Jacobson, in County small claims court to recover
an objected-to ambulance bill totaling $1,070, plus attorney’s fees and costs of litigation.
Meeting Date: 01/09/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/16/2023 12:09 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2023 12:09 PM
Approved By:
Review:
Emergency Medical Services Cherie DuBock Additional Reviewer Completed 01/02/2024 12:14 PM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 01/02/2024 12:16 PM
Emergency Management Michael Choate Additional Reviewer Completed 01/02/2024 1:39 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/02/2024 2:40 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/02/2024 2:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/02/2024 4:34 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 01/03/2024 10:19 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/03/2024 11:24 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.K.3
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[23-CP-2801/1834396/1] Page 1 of 2
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SMALL CLAIMS DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS, for its
EMERGENCY MEDICAL SERVICES
DEPARTMENT,
Plaintiff,
v. Case No.:
MATTHEW RAY BRENNAN,
the Personal Representative of the
Estate of JUDITH L. JACOBSON,
Defendant.
_____________________________________/
COMPLAINT
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (“COLLIER COUNTY”), for its EMERGENCY MEDICAL SERVICES
DEPARTMENT (“EMS”), by and through undersigned counsel, and hereby files this action
pursuant to § 733.705, Fla. Stat. and Fla. Prob. R. 5.496 and sues the Defendant MATTHEW
RAY BRENNAN, as the Personal Representative of the Estate of JUDITH L. JACOBSON
(“JACOBSON”), and in support thereof alleges as follows:
1. This is an action for damages which does not exceed $8,000.00, exclusive of costs,
interests, and attorney fees, within the jurisdiction of this Court.
2. On September 15, 2023, COLLIER COUNTY EMS provided Emergency Medical
Services to JACOBSON at her residence at 681 W. Elcam Cir, Apt. No. 323, Marco
Island, FL 34145, and transporting her to Naples Community Hospital, 350 7th ST S,
Naples, FL 34102, all in Collier County, costing $1,070.00.
3. COLLIER COUNTY EMS was never paid for providing said Emergency Medical
Services to JACOBSON.
16.K.3.a
Packet Pg. 1577 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
[23-CP-2801/1834396/1] Page 2 of 2
4. COLLIER COUNTY EMS timely filed a claim in the Estate of JUDITH L.
JACOBSON. (Exhibit “A”)
5. JACOBSON filed an objection to the claim. (Exhibit “B”)
6. COLLIER COUNTY EMS received an extension from JACOBSON to file this action
within thirty (30) days from December 14, 2023, and COLLIER COUNTY EMS has
timely filed this action before January 15, 2024 (the thirtieth day falls on Saturday,
January 13, 2024).
7. JACOBSON owes COLLIER COUNTY EMS $1,070.00.
WHEREFORE, Plaintiff, COLLIER COUNTY EMS demands judgment against the Estate
of JUDITH L. JACOBSON for all aforementioned damages, pre-judgment interest, and interest
from the entry of judgment until paid, plus attorney’s fees and cost of litigation, and any further
relief this Court deems just and proper.
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
for its EMERGENCY MEDICAL
SERVICES DEPARTMENT
By: ___________________________
DEREK D. PERRY, ESQ.
Florida Bar No. 1018383
RONALD T. TOMASKO, ESQ.
Florida Bar No. 1030999
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 EMS
derek.perry@colliercountyfl.gov
ronald.tomasko@colliercountyfl.gov
nancy.bradley@colliercountyfl.gov
rosa.villarreal@colliercountyfl.gov
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Packet Pg. 1578 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1579 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1580 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1581 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1582 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1583 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)
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Packet Pg. 1584 Attachment: Jacobson - Draft Complaint (26989 : authorizing a lawsuit against the Estate of Judith L. Henderson for ambulance bill of $1,070)