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Agenda 02/11/2025 Item #16K 3 (An Insurence Settlement to settle and release the County's claim against Elisa Mendoza Dukharan and Ramanand Jalsingh Dukharan to replace a traffic signal box)2/11/2025 Item # 16.K.3 ID# 2025-45 Executive Summary Recommendation to approve an insurance settlement whereby the County will receive $9,000 to settle and release the County’s claim against Elisa Mendoza Dukharan and Ramanand Jalsingh Dukharan for costs incurred to replace a traffic signal box, and to authorize the County Manager or designee to execute the release. OBJECTIVE: To approve and accept an insurance settlement to settle a subrogation claim. CONSIDERATIONS: On February 8, 2021, Ramanand Jalsingh Dukharan was driving in a vehicle owned by Elisa Mendoza Dukharan, at the intersection of Golden Gate Parkway and Collier Boulevard, when it sideswiped another vehicle and struck a metal traffic signal box and foundation that was owned and maintained by the County. The Florida Traffic Crash Report reflects Ramanand Jalsingh Dukharan failed to yield the right of way and was ultimately responsible for the damage. The Dukharans’ insurance carrier offered $9,000 (prorated policy limits). The County’s total estimated damages are $27,151.52, of which $24,410.24 are hard costs paid for materials and vendors. The Board may instead choose to authorize litigation against the Dukharans to potentially obtain the $9,000 pro rata amount and a judgement for the total/remaining damages, plus litigation costs. However, based on County background investigation and financial representations made by the Dukharans and their pro bono attorney, it is unlikely that any money beyond Geico’s $9,000 remaining insurance policy limits would be recovered, and litigation of this claim would likely cost the County more than it would yield. The Dukharans requested that the Board accept the maximum insurance settlement offered in lieu of litigation. In support of this request, they have provided affidavits of indigency (attached) demonstrating significant debt, minimal assets, and that their home is in forbearance subject to foreclosure. The County Attorney’s Office and Risk Management Director support this settlement and recommend Board approval because the Dukharans are essentially judgement proof and do not have enough assets for the County to seize should it obtain a judgement against them, and further pursuit of this claim will likely cost the County more than it would yield. FISCAL IMPACT: The County will recoup funds in the amount of $9,000, which will be deposited in the Road Maintenance fund, 1001000000-163620-369130. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - DDP RECOMMENDATIONS: To approve an insurance settlement whereby the County will receive $9,000 to settle and release the County’s claim against Elisa Mendoza Dukharan and Ramanand Jalsingh Dukharan for costs incurred to replace a traffic signal box, and to authorize the County Manager or designee to execute the release. PREPARED BY: Derek D. Perry, Assistant County Attorney Michael K. Quigley, Risk Managment Division Director ATTACHMENTS: 1. Dukharan - Affidavits of Indigency 2. Dukharan - Geico Release 3. Dukharan - Backup Documents Page 3495 of 3773 2/11/2025 Item # 16.K.3 ID# 2025-45 Page 3496 of 3773 Page 3497 of 3773 Page 3498 of 3773 Page 3499 of 3773 Page 3500 of 3773 RELEASE IN FULL OF ALL PROPERTY DAMAGE CLAIMS CLAIM #:043142639 0l0l 068 I/we, Collier County , Releasor(s) of 3299 Tamiami Trail , City of Naples, State of Florida, being over the age of majority, for and in consideration of a payment in the amount of nine thousand 00/100 Dollars ($9,000.00), lawful money of the United States of America do for myself/ourselves, my/our heirs, executors, administrators, successors and assigns, hereby remise, release,and forever releases, acquits and discharges Ramanand Jalsingh Dukharan III, Ramanand Jalsingh Dukharan, Elisa M Dukharan and GEICO General Insurance Company Releasee(s), successors and assigns, and/or his, her or their associates, heirs, executors and administrators, and all other persons, firms or corporations of and from any and every claim, demand, right or cause of action, of whatever kind or nature, on account of or in any way growing out of any and a[[ property damage resulting or to result from an accident that occurred on or about the Sth day of February,202l, at or near Collier County, Florida including, but not limited to, all liability for contribution and./or indemniry. AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT,IT IS EXPRESSLY WARRANTED AND AGREED: (l) That I/we understand fully that this is a final settlement and disposition of the disputes both as to the legal liability for said accident, casualqr, or event and as to the nahrre and extent of the properry damage which I/we have sustained and I/we understand that liability is denied by Ramanand Jalsingh Dukharan III, Ramanand Jalsingh Dukharan, Elisa M Dukharan and GEICO General Insurance Company Releasee(s), and it is covenanted and agreed between the Releasor(s) and Releasee(s) herein that this release and settlement is not to be construed as consent or an admission of liability on the part of said Releasee(s); that this release and settlement agreement shall not be used by said Releasor(s) or any one on his behalf as a defense or estoppel in any action which is now pending or may be brought hereafter by said Releasee(s) against said Releasor(s) or his agents and seryants, and any claim of whatever kind or nature the Releasee(s) might have other than properry damage arising from said accident is expressly reserved to them. (2) That I/we do hereby for myself/ourselves, my/our heirs, executors, administrators, successors, assigns and next of kin covenant to indemnifr and save hold harmless the Releasee(s) from any and every claim or demand of every kind or character for property damage arising from said accident which may ever be asserted. (3) That no promise, agreement, statement or representation not herein expressed has been made to or relied upon by me/us and this release contains the entire agreement between the parties. (4) Each party to this release is responsible for their own attorney fees and costs, if any. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS AND VOLUNTARILY ACCEPTS THE SUMS OFFERED AS A FULL AND FINAL SETTLEMENT OF ALL PROPERTY DAMAGE CLAIMS. IN WITNESS WHEREOF, I/we have hereunto set my/our hand and seal this day of 20 Releasor(s) Signature STATE COUNTY On this day of 20- before me personally appeared me to be the person(s) named in and who executed the above release and acknowledged that executed the same as free act and deed. For your protection, Florida law requires the following to appear on this form: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is quilty of a felony of the third degree. Apltrovctl os to lbnn and lcgality Assi slont CountY AttomcY to own (OFFICIAL TITLE) Deltew D. 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