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Agenda 05/24/2016 Item #16K 1 5/24/2016 16.K.1 . EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against James Johnson 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 a light pole in the amount of $7,209.64, 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 James Johnson, to recover damages incurred by the County in the amount of$7,209.64, plus costs of litigation. CONSIDERATIONS: On March 28, 2015, James Johnson was operating a vehicle on Bayshore Drive. Mr. Johnson attempted to cross four lanes of traffic while crossing from the Kangaroo gas station into the Gulfgate plaza. He failed to yield to oncoming traffic and hit the rear fender of a vehicle heading southbound on Bayshore Drive, causing it to collide onto the sidewalk curb and a County owned light pole. The County incurred damages of$7,209.64 as a result of the collision. Mr. Johnson has not responded to our requests to reimburse the County for this damage, therefore, the County has no other recourse for recovery of the damages other than to proceed with litigation. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. Filing fees, service and process fees total approximately$500.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item. This item is legally sufficient for Board action and requires a majority vote for approval. - KLN RECOMMENDATION: 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 James Johnson, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for repair of the light pole in the amount of$7,209.64, plus costs of litigation. PREPARED BY: Kevin L. Noell, Assistant County Attorney Packet Page-1752- 5/24/2016 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against James Johnson 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 a light pole in the amount of$7,209.64, plus costs of litigation. Meeting Date: 5/24/2016 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 5/10/2016 9:54:37 AM Submitted by Title:Assistant County Attorney,CAO General Services Name:NoellKevin 5/10/2016 9:54:38 AM Approved By Name: WalkerJeff Title:Division Director-Risk Management,Risk Management Date: 5/10/2016 10:05:37 AM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 5/10/2016 10:36:53 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/11/2016 1:25:18 PM Name: WellsLaura Title:Management/Budget Analyst, Senior, Office of Management&Budget Packet Page -1753- 5/24/2016 16.K.1 . Date: 5/12/2016 4:04:34 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2016 6:49:59 PM Packet Page-1754-