Agenda 06/10/2025 Item #16K 5 (County Attorney to file a lawsuit on behalf of the BCC against Noah Allen Wayson to recover damages for the repair of county property)6/10/2025
Item # 16.K.5
ID# 2025-1962
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County
Commissioners against Noah Allen Wayson 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 $5,062.05, 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 Noah Allen Wayson to recover damages in the amount of
$5,062.05, plus costs of litigation.
CONSIDERATIONS: On June 23, 2021, Noah Allen Wayson was found at fault for a single-car motor vehicle
accident at or near the intersection of Golden Gate Parkway and Coronado Parkway. The vehicle driven by Mr. Wayson
came to rest after impacting landscaping and irrigation assets at or near Golden Gate Parkway and Coronado Parkway.
The County incurred damages in the amount of $5,062.05 for the replacement of a sabal palm tree, Ligustrum
Jasonicum Shrub, and dwarf mondo plants. Despite repeated demands, Noah Allen Wayson 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.
It was determined that Noah Allen Wayson did not have insurance at the time of the accident; therefore, collection
against the individual is required to compensate the County for its damages
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund 5016. Filing
fees, service and process fees total approximately $360.00.
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. - RTT
RECOMMENDATIONS: 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 Noah Allen Wayson, in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair
of County property totaling $5,062.05, plus costs of litigation.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENTS:
1. EXHIBIT A
2. COMPLAINT - COUNTY COURT
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RISK MANAGEMENT INVOICE
COLLIER COUNTY ROAD MAINTENANCE DIVISION - LANDSCAPE IRRIGATION SECTION
2885 S HORSESHOE DR
NAPLES, FL. 34104
(239)252-8924 TELEPHONE (239)252-5868 FAX DATE OF ACCIDENT:
DATE OF COMPLETION: 4/6/2022
PROJECT/LOCATION: Golden Gate Parkway, Median # 17, NE of 50th St SW (across from Burger King)
ACTIVITY: Removal and replacement of damaged landscape and irrigation materials (Accident Remediation)
AUTHORIZATION: Pamela J. Lulich, PLA, CPM
Landscape Operations Manager
DEPOSIT REIMBURSEMENT
CHECK TO:112-163644-369130-31112.11
Man Hours Cost 463.56$
Equipment Cost 132.75$
Material Cost 39.18$
Vendor Quote
Cost 3,766.29$
Total Cost 4,401.78$ Submitted By:
Admin. Ovhd.0.15 %660.27$ Mary Santiago
TOTAL 5,062.05$ Operations Coordinator
Approved By:
Pamela J. Lulich, PLA, CPM
Landscape Operations Manager
TAR #:3368
4/27/2022 3:46:44 PM - Rec'd Johns Eastern Co.EXHIBIT A
EXHIBIT A Page 2165 of 2218
Contact Person:Mary Santiago 4/6/2022
Department / Division:
Office Number:239-252-8924
Quote submission email: mary.santiago@colliercountyfl.gov
Company Name:
Company Address:
Quote Valid For:
Contact:
Contact Phone Number:
Contact Email Address:
Bid Line Item # Plant Material Qty Unit Price Total
827 Sabal palmetto Palm 1 $413.75 $413.75
793 Ligustrum japonicum, 65 Gallon 1 $583.50 $583.50
787 Dwart Lilyturf, 3 Gallon 20 $19.10 $382.00
840 Bahia grass, 400 square feet pallet 3 $530.45 $1,591.35
887 Site Clearing Damage 3 $265.23 $795.69
Replacement Estimate - Traffic Accident Report #3368
Golden Gate Parkway, Median # 17, NE of 50th St SW (across from Burger King)
Fixed Term Service Multi-Contractor Award Agreement #18-7430
Section III. 1.3 Additional Servies and Traffic Accident Cleanup
Superb Landscape Services Inc
3980 Exchange Ave Naples, FL 34104
Date:
CONTRACTOR INFORMATION
GROWTH MANAGEMENT / ROAD MAINTENANCE
Grand Total Project Costs:$3,766.29
Per contract #18-7430
Robert Kindelan
239-643-6205
rkindelan@commlandmaint.net
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Road Maintenance Task Report
Task ID Issue Activity Asset Priority
530648 Traffic Accident Irrigation Area
LM-648 High
Status Completed Location
Description
Street GOLDEN GATE PKWY Intersecting Street
Details
Notes 6/24/21 J.Furlong
ACCIDENT
- wet check irrigation
- replace damaged heads
- adjust multiple heads
- tested and working
6/23/2021 Jim Blackburn haul off tree brush debris
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Road Maintenance Task Report
Y. Martinez 06/24/2021
Golden Gate Pkwy Median 17
Accident clean up. Removal of few damaged ligustrum trees . The crew utilized the pitch fork to
compile the damaged vegetation. pick up car debris, used chain saw to cut the trees, Later piled up
the vegetation, loaded into cage truck for disposal. Finally used the backpack blower to remove any
debris off the curbside.
S.Kumar 06/23/2021
Traffic Accident investigate Report
TAR # Pending
Case Number : 030303 ( Agency : state trooper Florida)
Location Description: Golden Gate Parkway City Median
From Street :50th street SW
To street :Tropicana Blvd
Median # 17
Task ID : 530648
work order : 5216
Asset Task :Asset Irrigation Area LM-648
Damages :
1 Sabal palmetto Palm damage ( 22 feet Tall estimate )Tree Asset #15871
1 Ligustrum japonicum damage ( 15 feet Tall estimate )Tree Asset #15715
20 Dwart Lilyturf Damage ( 5 feet tall estimate )
50 Bag Collier Brown Mulch Damage
*Possible Irrigation Damage
Bahia grass (1200 square feet Estimate ) Damage
Labor Log
Date Labor Rate Name Hours Cost
6/23/2021 13648 Kumar Shekhar Standard 2.00 71.10
6/24/2021 13818 Escobedo Jesus Standard 2.00 52.20
6/24/2021 17312 Fernandez Ernesto Standard 2.00 39.36
6/24/2021 13064 Furlong John Standard 1.50 43.38
6/24/2021 16662 Martinez Yobany Standard 2.00 55.54
6/24/2021 18136 Mendoza Miguel Standard 2.00 48.78
6/24/2021 15500 Varela Luis Standard 2.00 52.20
6/24/2021 16961 Acosta Luis Standard 2.00 50.50
6/24/2021 15972 Guzman Adarick Standard 2.00 50.50
17.50 Total 463.56
Equipment Log
Date Equipment Description Usage Cost
6/23/2021 CC2-1518 2017 4WD FORD F150 SUPER
CAB 4X4
2.00 28.00
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Road Maintenance Task Report
Equipment Log
Date Equipment Description Usage Cost
6/24/2021 CC2-1020 2015 3/4-Ton Cargo Van 2.00 30.00
6/24/2021 20F088 Chainsaw Stihl 16 in 0.25 0.50
6/24/2021 CC2-1815 2018 4WD Ford F250 CC 1.50 22.50
6/24/2021 CC2-1019 2015 3/4-Ton Cargo Van 2.00 30.00
6/24/2021 20F077 2020 STIHL HANDHELD
BLOWER
0.25 0.75
6/24/2021 CC2-2494 2020 FORD F550 CREW CAB 0.50 21.00
8.50 Total 132.75
Material Log
Date Material Description Purchase Order Quantity Cost
6/24/2021 LS4200 Toro Rotor T5 5inch Pop Up 6.00 39.18
6.00 Total 39.18
Other Log
Date Vendor Name Cost Notes
Total 0
Task Cost
Labor Cost Equipment Cost Material Cost Other Cost Total Cost
463.56 132.75 39.18 0.00 635.49
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[23-RMG-00786/1947745/1]
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
v. Case No.
NOAH ALLEN WAYSON,
Defendant.
___________________________/
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 NOAH ALLEN WAYSON for damages and negligence and states to
the Court in support as follows:
1. This is an action for damages that exceeds $2,500.00 but does not exceed $8,000.00.
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,
pursuant to home venue privilege and the accident in question occurred in Collier County,
Florida.
5. On June 23, 2021, NOAH ALLEN WAYSON was operating a motor vehicle near the
intersection of Golden Gate Boulevard and Coronado Parkway in Naples, Florida.
Page 2183 of 2218
[23-RMG-00786/1947745/1]
6. NOAH ALLEN WAYSON lost control of the vehicle and the vehicle made impact with
landscape and irrigation owned and maintained by Collier County Board of County
Commissioners.
7. NOAH ALLEN WAYSON failed to use due care and caused property damage to Plaintiff’s
property.
8. NOAH ALLEN WAYSON had a duty to operate the vehicle in a reasonable, responsible
and safe manner towards the public, in general, and towards any and all vehicles and
property surrounding the area in which he was operating his vehicle.
9. NOAH ALLEN WAYSON breached his duty and was negligent in failing to use due care
when his vehicle struck County property.
10. As a result of the negligence of NOAH ALLEN WAYSON, the County suffered property
damage in the amount of $5,062.05 to repair the County owned and maintained property.
The applicable invoices are attached hereto as “Exhibit A.”
11. Although requested to pay these damages, NOAH ALLEN WAYSON has refused and
continues to refuse to pay the damages, which necessitated the filing of this action.
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, NOAH ALLEN WAYSON, for all aforementioned
damages, pre-judgment interest, interest from the entry of judgment until paid, plus cost of
litigation, and any further relief this Court deems just and proper.
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
By: __________________________
RONALD T. TOMASKO, ESQ.
Florida Bar No. 1030999
Collier County Attorney’s Office
Page 2184 of 2218
[23-RMG-00786/1947745/1]
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5746
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Defendant COLLIER COUNTY
Ronald.tomasko@colliercountyfl.gov
marian.rhyne@colliercountyfl.gov
rosa.villarreal@colliercountyfl.gov
juanita.garcia@colliercountyfl.gov
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