Agenda 11/18/2014 Item # 16K211/18/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, against Mark Merring in the County Court in
the Twentieth Judicial Circuit, Collier County, Florida to recover damages for costs of
repair and replacement of a street light in the amount of $4,254.92, plus the costs of
litigation, and authorize the County Attorney to pursue collection of the judgment until
paid.
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 Mark
Merring in the County Court in the Twentieth Judicial Circuit, Collier County, Florida to recover
damages for costs of repair and replacement of a street light he damaged in the amount of
$4,254.92, plus the costs of litigation.
CONSIDERATIONS: On August 27, 2013 a vehicle owned and operated by Mark Merring
was traveling west bound in the right through lane on Davis Boulevard in Collier County,
Florida. While driving on the roadway he lost control of his vehicle and struck and damaged a
street light owned and maintained by Collier County. The costs incurred for the repair and
replacement by the County was $4,254.92. Although he was requested to pay this amount, Mr.
Merring refuses, and continues to refuse, to pay these damages. The County has no other
recourse for recovery of the costs of repair and replacement of the street light other than to
proceed with litigation.
FISCAL IMPACT: Minor court filing fee costs, from funds previously 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: This item has been reviewed by the County Attorney. 1 am
advised that at the time of the accident, Mr. Merring was driving without the required motor
vehicle insurance coverage. Accordingly, the County has no recourse for recovery of the
County's repair and replacement costs of $4,254.92 other than commencement of a lawsuit.
Under Florida law, upon receipt of a judgment against Mr. Merring, this Office will file the
judgment with the Department of Motor Vehicles, which will result in the automatic suspension
Of Mr. Merring's license until the judgment is satisfied, or an installment plan is agreed upon.
With that said, this item is approved as to form and legality and requires a majority vote for
approval. -JAK
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 Mark Merring in the County Court in the Twentieth Judicial Circuit, Collier County,
Florida to recover damages for costs of repair and replacement of a street light he damaged in the
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11/18/2014 16.K.2.
amount of $4,254.92, plus the costs of litigation, and authorize the County Attorney to pursue
collection of the judgment until paid.
PREPARED BY: Joel Hollocher, Risk Analyst
Kevin L. Noell, Esq., Assistant County Attorney
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11/18/2014 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16, K. 16. K. 2.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against Mark Merring in the
County Court in the Twentieth Judicial Circuit, Collier County, Florida to recover damages for
costs of repair and replacement of a street light in the amount of $4,254.92, plus the costs of
litigation.
Meeting Date: 11/18/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/29/2014 12:33:47 PM
Approved By
Name: WalkerJeff
Title: Director - Risk Management, Risk Management
Date: 10/29/2014 1:11:45 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/29/2014 1:17:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/31/2014 3:16:43 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/6/2014 2:57:29 PM
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