Agenda 10/14/2025 Item #16K 8 (County Attorney to file a lawsuit on behalf of Collier County Board of County Commissioners against Esperandiew Vilsaint )10/14/2025
Item # 16.K.8
ID# 2025-3714
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County
Commissioners against Esperandieu Vilsaint, in the Small Claims Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages for the repair of Collier County property totaling $3,306.92, 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 Esperandieu Vilsaint to recover damages in the amount of
$3,306.92, plus costs of litigation.
CONSIDERATIONS: On May 30, 2022, the Collier County Sheriff’s Office responded to a vehicle accident near the
intersection of Vanderbilt Beach Road and Collier Boulevard. A vehicle owned and driven by Esperandieu Vilsaint
struck a guardrail owned and maintained by the County. Attached is a copy of the Florida Traffic Crash Report and
photographs of the damage for reference.
The County incurred damages in the amount of $3,306.92 for the replacement of its guardrail. Despite repeated
demands, Mr. Vilsaint 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 against the vehicle driver.
FISCAL IMPACT: Filing fees, service and process fees total approximately $410.00. Funds are budgeted and available
in the Risk Management Property & Casualty (Fund 5016)
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. - CLD
RECOMMENDATIONS: To authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of
County Commissioners, against Esperandieu Vilsaint, in the County Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages incurred by the County for the replacement of the County’s damaged
guardrail in the amount of $3,306.92, plus costs of litigation.
PREPARED BY: Courtney L. DaSilva, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENTS:
1. DRAFT complaint Vilsaint
2. composite exhibit a.damage photos.invoices.police report Vilsaint
Page 5594 of 6526
[23-RMG-00815/1881346/1] #30 Page 1 of 3
072924 complaint
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SMALL CLAIMS DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
v. Case No.
ESPERANDIEU VILSAINT,
Defendant.
__________________________________/
COMPLAINT
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (“COUNTY”), by and through its undersigned counsel, sues Defendant,
ESPERANDIEU VILSAINT (“VILSAINT”), and alleges:
1. This is an action for damages that does not exceed $8,000.00.
2. All of the events giving rise to the instant action took place in Collier County,
Naples, Florida.
3. The COUNTY is a political subdivision of the State of Florida.
4. At all times material, VILSAINT is sui juris and a resident of Collier County,
Florida.
5. This Court has jurisdiction over the parties and venue is proper in Collier County,
Florida.
6. At all times material, the COUNTY owned and maintained a guardrail near the
intersection of Collier Boulevard and Vanderbilt Beach Road.
7. On May 30, 2022, VILSAINT maintained a motor vehicle registration in Collier
County, Florida, and was otherwise the owner of a 2000 Toyota Tacoma grey pickup truck.
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[23-RMG-00815/1881346/1] #30 Page 2 of 3
072924 complaint
8. On May 30, 2022, around 7:30 p.m., VILSAINT was operating the motor vehicle
that was registered in his name on Vanderbilt Beach Road approaching the intersection of Collier
Boulevard where he lost control of his vehicle and struck the guardrail owned and maintained by
the COUNTY.
9. Upon information and belief, VILSAINT lost control of his vehicle for failure to
drive with caution on a wet roadway during a rain event.
10. As a result of the collision, VILSAINT damaged the guardrail owned and
maintained by the COUNTY in the amount of $3,306.92.
11. The COUNTY sent several demand letters to VILSAINT for the $3,306.92 to repair
the guardrail. VILSAINT failed and refused to reimburse the COUNTY for the damaged guardrail.
12. All conditions precedent to the relief demanded herein have been performed or been
waived.
COUNT I - NEGLIGENCE
13. The COUNTY re-alleges and incorporates by reference its allegations in
paragraphs 1–11, as if fully set forth herein.
14. VILSAINT had a duty to drive in a safe and reasonable manner on a public
roadway, Vanderbilt Beach Road.
15. VILSAINT breached the duty to drive in a safe and reasonable manner on
Vanderbilt Beach Road while approaching the intersection of Collier Boulevard.
16. VILSAINT’s breach of duty is the direct, proximate, and foreseeable result of the
damage caused to the COUNTY’s owned and maintained guardrail.
17. As a result of VILSAINT’s negligence, the COUNTY incurred damages in the
amount of $3,306.92 to repair its guardrail.
Page 5596 of 6526
[23-RMG-00815/1881346/1] #30 Page 3 of 3
072924 complaint
WHEREFORE, Plaintiff COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS demands judgment against Defendant, ESPERANDIEU VILSAINT, for
damages, including interest and court costs, and any further relief this Court deems just and proper.
Respectfully submitted,
By: _____________________________
COURTNEY L. DASILVA
Florida Bar No. 1032733
Collier County Attorney’s Office
3299 East Tamiami Trail, #800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Plaintiff COLLIER COUNTY
courtney.dasilva@collier.gov
juanita.garcia@collier.gov
Page 5597 of 6526
RISK MANAGEMENT INVOICE
COLLIER COUNTY ROAD MAINTENANCE DIVISION
4800 DAVIS BLVD
NAPLES, FL. 34104
(239)252-8924 TELEPHONE DATE OF ACCIDENT: 05/30/2022
DATE OF COMPLETION: 6/23/2022
PROJECT/LOCATION: Collier Boulevard just north of Vanderbilt Beach Road
ACTIVITY: Repair and replacement of damaged guardrail materials (Accident Remediation)
AUTHORIZATION: Marshal Miller, Superintendent
Road Maintenance Division
DEPOSIT REIMBURSEMENT
CHECK TO:101-163620-369130
Man Hours Cost 1,379.58$
Equipment Cost 703.00$
Material Cost 793.00$
Vendor Cost -$
Total Cost 2,875.58$ Submitted By:
Admin. Ovhd.0.15 %431.34$ Samantha Roe
TOTAL 3,306.92$ Operations Coordinator
Approved By:
Marshal Miller, Superintendent
Road Maintenance Division
TAR #: 3494
Composite Exhibit "A"
Page 5598 of 6526
Road Maintenance Task Report
Task ID Start Date Stop Date Issue Activity Asset Priority
627273 6/7/2022 6/23/2022 Guardrail Guardrail 1283 High
Status Completed Location
Description
Street Intersecting Street
Details
Notes 6/16/22 Chris D, Guardrail Repair.
- Arrived at area, Locates cleared except for century link
- Ok to Hand Dig given by Booker,
- MOT setup with signs and cones, R turning lane of VBR closed
- Area around 2 posts cut with target saw and dug out
-No issues with hand Dig
- 1 H post set plumb and compacted
- 1 Damaged H post removed with crane, hole dug out for new H post
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Road Maintenance Task Report
- Installed New H post, set plumb and compacted
- installed 2 New rails with new bolts
- 2 New plastic blocks installed with new bolts
- Damaged rails placed on truck for disposal at Davis yard
- Asphalt Debris placed on truck and taken to Asphalt plant for disposal
- Blocks straighten out and bolts tightened up
- 3 new clear reflectors installed
- Area cleaned up
- MOT removed.
- 480 lbs of asphalt dropped off at plant
TAR #3494 / Guardrail Damages at Collier Boulevard just north of Vanderbilt Beach Road CCSO
Report # 22-204107
CLAIM NUMBER
5005302212670
06/07/2022 … Luis Valderrama … set up a barricade on guardrail damage
06/06/2022/ .. Luis Valderrama .. new guardrail damage materials needed for repair
locate needed
(2) 12.5’ straight guardrail
(2) 6’6” H posts
(6) bags of cold mix
6/1/22 Chris D, Guardrail Strike Repair
-Area marked for locates
-2 12.5 rails
- 2 H Posts
- 30 1 1/4 X5/8 bolt sets
-6 bags of cold mix
Labor Log
Date Labor Rate Name Hours Cost
6/7/2022 19954 Gamboa Oleida Standard 2.00 42.34
6/7/2022 01488 Valderrama Luis Standard 2.00 74.20
6/7/2022 18744 Gonzalez Javier Standard 2.00 42.34
6/16/2022 01488 Valderrama Luis Standard 5.00 185.50
6/16/2022 16507 Danney Christopher Standard 10.00 321.40
6/16/2022 19954 Gamboa Oleida Standard 10.00 211.70
6/16/2022 18744 Gonzalez Javier Standard 10.00 211.70
6/16/2022 18257 Yarberry Matthew Standard 10.00 290.40
51.00 Total 1379.58
1/9/2023 Generated by Cartegraph Page 2
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Road Maintenance Task Report
Equipment Log
Date Equipment Description Usage Cost
6/7/2022 CC2-2463 2021 FLATBED DUMP TRUCK
CREW CAB
2.00 150.00
6/7/2022 CC2-2168 2019 FORD F450 CREW CAB
-DUMP BODY
2.00 84.00
6/16/2022 18F055 TARGET SAW 0.25 1.00
6/16/2022 CC2-2168 2019 FORD F450 CREW CAB
-DUMP BODY
4.00 168.00
6/16/2022 CC2-2463 2021 FLATBED DUMP TRUCK
CREW CAB
4.00 300.00
12.25 Total 703.00
Material Log
Date Material Description Purchase Order Quantity Cost
6/16/2022 RM1300 Guardrail Straight 12 ft-6
inch regular
2.00 550.00
6/16/2022 RM1340 Guardrail Post, Steel,
Median 6'6"
1.00 125.00
6/16/2022 RM0006 Cold Mix Asphalt by the Bag
issued by each (2 locations,
Row 0 & concrete building)
8.00 118.00
11.00 Total 793.00
Other Log
Date Vendor Name Cost Notes
Total 0
Task Cost
Labor Cost Equipment Cost Material Cost Other Cost Total Cost
1379.58 703.00 793.00 0.00 2875.58
1/9/2023 Generated by Cartegraph Page 3
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FLORIDA TRAFFIC CBASH REPORT
LoNG FoBM E SHOnT FOF[/ E UPDATE [l
(Electronic Verslon)
HIGHWAY SAFETY & MOTOR VEHICLES,
TBAFFIC CBASH BECOBDS
NEIL KIRKMAN BUILDING, TALLAHASSEE, FL 32399.0537
Dale ol Crash
SOlMay/2022 07:30 PIU
Time of Crash
3OlMayl2O22 07:30 PM
0at6 oI Fleport
3OlMay/2O2212:00 AM
lnvest. Agsncy Report Numbar
22-204107 IHSN/v
Crash Flspod Nurnbar
250991 59
CRASH IDENTIFIERS
CRASH INFOBMATION (Check l{ Plctures Taken)
VEHICLE (Check lf Commerclal) l-l
WITNESSES
County Code
64
City Oode County of Crash
COLLIER
Place or City o1 Crash
UNINCORPORATED
Within City Limits
No
Time Beported
30lMavl2022
07:36 PM
Ime Dispatched
30/Mav/2O22
07:3{ PM
Tinre on Scane
30lMavl2022
o7:36 PIU
Time Cleared Scene
30lMayl2O22 O7:55
PM
Complatad
Yes
Beason (i{ lnvestigation NOT Complstsd)Nolified By
Law Enlorcement
Crash Occured On Street, Boad, Highway
COLUEH BLVD
O A1 S1re61 Address#
26.244272
At Feet
51
Or lr,,liles From lntersBction Wilh Slreet, Boad, Highway
VANDERBILT BEACH RD
#
North
Road Syslem ldentifier
5 Local
Type O1 Shoulder 'l Paved
Type Of lntersection
1 Not at lnt€rsection
light Condition'l Daylight
Weather Condilion
3 Rain
Boadway Surlace Condition
2 Wet
School Bus Related
'l No
lvlanner Of Collision
First Harmtul Event Typg
27
First Harmlul Event Location
1 On Roadway
Within lnterchange
No
First Harmful Event Rslation to Junction
1 Non.Junctlon
C.Jntribuling Circutrrstancas: Boad
10 Road Surlace Condltlon (wet, lcy, snow, slush, etc.)
Conlributing Circumstances: Road Contributing Circumstances: Boad
Contributing Circurnstances : Environment
2 Weather Condltlons
Conlributing Circumstances: Envi rot)r I ent Contributing Circumstances: Environment
Work Zone Felated
'l No
Crash ln Work Zone Type Of Work Zone Workers ln Work Zone Law Enforcement In Work Zone
Vehicle
1
Nlotor Vehicle
1 Vehicle in
Typa
Transport
License Number
Y532FU1No
State
FL
Beg. Expires
14luayl2O22
Permanent Fleg.vtN
5TB 8T441 5YS1 1 501 2
Year
2000 TOYT
Style
PK
Color
GRY
Extent of Oamags
Mlnor
Est. Damags
2000
Towed Due To Damage
No
Vehicle Bemoved By
DRIVER
Botation
Drlv€r
lnsurance Company lnsuranco Policy Nur:ber
Name of Vehicle Owner
ESPERANDI
(Check Box ll Business)
EU VILSAINT
Curerrt Address (Nunrber and Street)Cily and State
NAPLES FL
Zip Code
121 1ST ST SW 3/117
Trailer
One:
License Nurnber State Beg. Expires Pennanent Fleg.VIN Year Make Length A xles
Trailer
Two:
License Number Stala Beg. Expires Pormanent Fleg.VIN Year lvlake Length Axles
Vehicle
Traveling
Oirection
North COLLIER BLVD 15
Posted Speed
45
Tolal Lanas
6
argo Area of lnitial lmpact
t 6 7 IE. UndmE rS!
19. OrEntE
20. rMndrhllld
21. TEil,s
one)Type
4 Not Applicable t7
ASS L1 l3 1l t0
l\,lost Damaged Area
{7 1& Uld6edl8E
l9.OcM
zr.whdrhldd
21. Tlalh!
t
l{1't1 l0
N,,lo1or Carier Address City and State Zip Coda Phone Number
Comm,Alon-Commercial Vehicl8 Body Type
3 Plckup
Vehicla Delects (one)
1 None
Vehicle Delects (two)Emergency Vahicle Use
1No
Speciual Function ot l\rlV
1 No Speclal Functlon
Vehicle l\,taneuver Action
3 Turning Lelt
Traf ficway
4 Two-Way, Divld€d,
Positive M€dian Baffi€r
Boadway Grade
1 Level
Boadway Alignmenl
1 Stalght
l\,1ost Harmful Event
3 Collision with Fixed Oblect
[,4os1 Harmlul Event Oetail
27 Guardrall Face
Traflic Control Device For This Vehicle
5 Trallic Control Signal
First Sequence of Evenls
with Fix€d Obj€ct
27 Guardrail Face
Second (2) Sequence oI Events Third (3) Sequence oI Evenls Fourth (4) Saquence of Events
Name
PATRICX MCGOWAN
AdCress
1 0501
Cily
NAPLES
State
FL
Zip Code
34120
NON VEHICLE PROPERTY DAMAGE
1
Person#lProoertv Oaraoe - Other Than Vehicle
I BABRIERWALLOR GUARDRAIL
I
Est. Amount
10000
Business
Yes
Owner's Name
FL DEPT. OF
TRANSPORTATION
Address City & Slate
TALLAHASSEE FL
Zip Cods
32399605 SUWANNEE ST, MS 52
NARRATIVE
HS|\,,tv 90010 s Pags 1 oi 3
BOADWAY INFOBITIAT]ON
Vlake
I
Page 5607 of 6526
oate of Crash
3QlMay12022 07:30 PM
Date o'f Beport
30lMay/2022 07:30 PM
lnvest. Agency Report Number
22-204107
HSIVIV Crash Beport Number
25099'!59
V1 WAS TRAVELING EAST ON VANDERBILT BEACH ROAD APPROACHING ATTHE INTERSECTION OF COLLIER BLVD.
Aq V1 WAE UAKING A LEFT TURN ONTO COLLIER BLVD, Vl ACCELERATED CAUSING THE VEHICLE TO LOSE TRACTION OF THE ROAD DUE TO THE ROAD
SURFACES BEING WET.
V"I OVER CORRECTED THE VEHICLE BY FURTHER ACCELERATING CAUSING Vl TO STFTKE THE FACE OF THE GUARDRAIL.
DBIVEB OF V1 DID NOT SUSTAIN INJURIES OB HAD ANY COMPLAINTS OF PAIN AS A RESULT OF THE CRASH. AIRBAGS WERE NOT DEPLOYED FFOM THE CHASH.
COLLIER EMS RESPONDED TO TIIE CRASH AND ASSESSED THE DRIVER OF Vl.
V1 WAS STILL OPERABLE AND DRIVER WAS ABLE OPERATE THE VEHICLE.
NOTHING FURTHER.
BEPOBTING OFFICER
lD/Badge #
4379
Bank and Name
DEPUry J. HERNANDEZ
Departmant
COLLIER COUNTY SHERIFFS OFFICE
Type oI Departmant
SO
Page 2 of 3
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Bats of Crash
30tMayl2O22 07:30 PM
Date of
07:30 PM
Beport
30lMayD022
lnvest. Agency Reporl Number
22-204107 IHS
rrv Crash Report Number
250S9159
Paga 3 ol 3
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