Agenda 11/18/2014 Item # 16K111/18/2014 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 Walsh Trucking, Inc., and Steven F.
Ames, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, to recover damages in the amount of $19,657.50, plus costs of the 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 Walsh
Trucking, Inc., and Steven Ames, in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages in the amount of $19,657.50, plus costs of the
litigation.
CONSIDERATIONS: On December 27, 2012, Steven Ames operated a truck owned by Walsh
Trucking, Inc. The truck travelled south on SR 951 (Collier Boulevard) and approached the
intersection with Grand Lely Drive. Two automobiles were stopped for a red light facing south
next to each other at the intersection, when Steven Ames lost control of the truck, steered
between the two vehicles, and collided with both of them. The truck then travelled into the
intersection and flipped onto its side. As a result, a large amount of sand and diesel fuel was
spilled onto the roadway, and the asphalt of the roadway was damaged. The County suffered
damages in the amount of $19,656.50 for the hazard clean up and the repair of the roadway.
Walsh Trucking, Inc. was requested to pay these damages, but has refused to either pay or
forward the claim to their insurance carrier. The County has no other recourse for recovery of the
costs than to proceed with litigation.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director
opine that the County has no other recourse for recovery of the costs incurred for the hazard
clean up and repair of the roadway in the sum of $19,657.50. This item is approved as to fonn
and legality and requires a majority vote for Board 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 Walsh Trucking, Inc., and Steven Ames, in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, to recover damages in the amount of $19,657.50, plus
costs of the litigation.
PREPARED BY: Kevin L. Noell, Esq., Assistant County Attorney.
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11 /18/2014 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 Walsh Trucking, Inc., and
Steven F. Ames, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, to recover damages in the amount of $19,657.50, plus costs of the litigation.
Meeting Date: 11/18/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/27/2014 8:32:19 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management, Risk Management
Date: 10/27/2014 3:20:11 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1 0/27/2014 3:28:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/30/2014 3:21:31 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/31/2014 l 1:1 1:01 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: l l /6/2014 2:56:30 PM
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