Agenda 05/14/2024 Item #16K10 (Claim Record agreement to settle the lawsuit styled Collier County Board of County Commissioners v. Yordanka Gonzalez Torres)05/14/2024
EXECUTIVE SUMMARY
Recommendation to approve a Small Claims Record of Agreement for $2,205.92 to settle the lawsuit styled
Collier County Board of County Commissioners v. Yordanka Gonzalez Torres, County Court Case No. 23-
SC-1800.
OBJECTIVE: To recover County funds spent repairing a damaged median by approving a Small Claims Record
of Agreement for the lawsuit filed by the Board of County Commissioners (“Board”) against Yordanka Gonzalez
Torres.
CONSIDERATIONS: On July 11, 2023, Agenda Item No. 16.K.2, the Board authorized the County Attorney to
file a lawsuit to recover damages and litigation costs from an accident that occurred on October 26, 2020, when a
vehicle owned by Yordanka Gonzalez Torres struck another vehicle and ultimately caused $1,875.82 in damages to
landscaping in a County owned and maintained median.
After court-ordered mediation, Yordanka Gonzalez Torres agreed to settle the lawsuit for the full value of the
property damage and court costs, less the County’s administrative charges. Although the total amount of property
damage claimed by the County was $1,630.89, the Court-appointed mediator inadvertently omitted $0.89 from their
final tabulation, resulting in a court-authored Small Claims Record of Agreement of $1,630 in damages, plus
$575.92 in costs, totaling $2,205.92. The cost of resolving this discrepancy would far exceed its value.
Yordanka Gonzalez Torres did not sign a formal settlement agreement as is customary with the County, but the
Court’s Small Claims Record of Agreement was filed in open court, signed by the judge, and remains enforceable.
Further, Yordanka Gonzalez Torres began making payments.
The County Attorney’s Office and the Risk Management Director recommend that the Board approve this Small
Claims Record of Agreement, as the County will be reimbursed for the full value of the damage (short eighty -nine
cents) plus litigation costs.
FISCAL IMPACT: Approval of the agreement will result in a payment to the County of $2,205.92 for damages
and litigation costs. Proceeds from this agreement will be deposited within Property and Casualty Fund (5016) and
Landscape Capital Fund (1012).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
approval. -DDP
RECOMMENDATION: To approve a Small Claims Record of Agreement for $2,205.92 to settle the lawsuit
styled Collier County Board of County Commissioners v. Yordanka Gonzalez Torres, County Court Case No. 23 -
SC-1800.
Prepared By: Derek D. Perry, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Yordanka Gonzalez Torres - Small Claims Record of Agreement (PDF)
2. Yordanka Gonzalez Torres - Complaint (PDF)
16.K.10
Packet Pg. 2058
05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 28712
Item Summary: Recommendation to approve a Small Claims Record of Agreement for $2,205.92 to settle the
lawsuit styled Collier County Board of County Commissioners v. Yordanka Gonzalez Torres, County Court Case
No. 23-SC-1800.
Meeting Date: 05/14/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/25/2024 9:32 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/25/2024 9:32 AM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 04/25/2024 9:52 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/01/2024 11:12 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/02/2024 7:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2024 9:07 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 05/03/2024 10:02 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/06/2024 10:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.K.10
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Packet Pg. 2060 Attachment: Yordanka Gonzalez Torres - Small Claims Record of Agreement (28712 : Approve a small claims record of agreement for $2,205.92
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Packet Pg. 2061 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2062 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2063 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2064 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2065 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2066 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2067 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.
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Packet Pg. 2068 Attachment: Yordanka Gonzalez Torres - Complaint (28712 : Approve a small claims record of agreement for $2,205.92 to settle lawsuit CC v.