Agenda 11/12/2024 Item #16K 8 (Approval of the County's Counterclaim settlement for negligence and damage to a County Emergency Services vehicle accident on March 20, 2023 )11/12/2024
Item # 16.K.8
ID# 2024-1910
Executive Summary
Recommendation to approve the County’s Counterclaim settlement in the amount of $14,827.46 as full payment for
negligence and damage to a County Emergency Services vehicle from an accident that occurred on March 20, 2023, and
is part of a case pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, styled
Nicolas Spence v. Collier County Board of County Commissioners, and Auto Club South Insurance Company, Case No.
24-CA-0409.
OBJECTIVE: To recover money spent by Collier County to repair a damaged Emergency Services vehicle and a related
subrogation claim for medical care provided to the County employee involved in the accident on March 20, 2023, while
enroute to an emergency fire call.
CONSIDERATIONS: On July 10, 2024, the Board of Commissioners of Collier County (“Board”) through the office of
the County Attorney filed its Answer, Affirmative Defenses and Counterclaim to the lawsuit referenced above.
The insurance company for the other driver in the accident, offered to pay the County’s damages in full and has already
submitted a check in the amount of $14,827.46 to the County’s Risk Management Department, who is holding the check
until approval and acceptance by the Board.
The County Attorney’s Office and the Risk Management Director recommend that the Board approve this Counterclaim
settlement inasmuch as the County will be made whole for all of its claims.
FISCAL IMPACT: Approval of the Agreement will result in a payment to the County of $14,827.46 for both property
damages to the County’s Emergency Services Vehicle, as well as the County’s subrogation interest for medical care
provided to the County employee involved in the accident. Proceeds from this agreement will be deposited within
Property and Casualty Fund (5016).
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.
RTT
RECOMMENDATIONS: To approve and accept the Counterclaim settlement check and to settle the Counterclaim
portion of the lawsuit styled Nicolas Spence v. Collier County Board of County Commissioners and Auto Club South
Insurance Company, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
Case No. 24-CA-0409.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENTS:
None
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