Agenda 09/25/2012 Item #16K1 9/25/2012 Item 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement and
Judgment Agreement Order prior to trial in the lawsuit entitled Board of County
Commissioners Collier County v. Jeffrey Lillard, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida (Case No. 11-03359 -CC) for the sum of$2,844.75.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Board of
County Commissioners against Jeffrey Lillard for the sum of $2,844.75 and authorize the
Chairman to execute the Settlement and Judgment Agreement Order.
CONSIDERATIONS: On May 16, 2011, Jeffrey Lillard was operating a vehicle owned by
him, driving southbound on Bayshore Drive. Mr. Lillard proceeded off the roadway right over
the curb, colliding with a light pole. The County incurred damages in the amount of$2,489.75
for the repair and replacement,plus $355.00 in litigation costs.
The parties engaged in Court Ordered Pre-Trial Conference on September 6, 2012, and Plaintiff
agreed to settle this case for $2,844.75. Defendant has agreed to pay a minimum monthly sum
of$125.00,until the balance of$2,844.75 is paid in full.
FISCAL IMPACT: This settlement recaptures approximately 100% of the County's total
damages,plus costs.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this Settlement Agreement. This item is legally sufficient for Board
action and requires a majority vote for approval.—JW
RECOMMENDATION: For the Board of County Commissioners to accept the settlement in
the lawsuit filed by Board of County Commissioners against Jeffrey Lillard in the Twentieth
Judicial Circuit Court for the sum of $2,844.75 and authorize the Chairman to execute the
Settlement Agreement.
Prepared by: Jeff E. Wright, Assistant County Attorney
11-RMG-00245/69
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9/25/2012 Item 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement and Judgment Agreement Order prior to trial in the lawsuit entitled Board of County
Commissioners Collier County v.Jeffrey Lillard,filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 11-03359 -CC) for the sum of$2,844.75.
Meeting Date: 9/25/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
9/12/2012 4:34:02 PM
Approved By
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
Date: 9/12/2012 4:42:32 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/13/2012 8:04:27 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/13/2012 9:03:48 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:00:40 AM
Name: OchsLeo
Title: County Manager
Date: 9/15/2012 3:13:43 PM
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9/25/2012 Item 16.K.1 .
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA—CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
v CASE NO.: 11-03359-CC
JEFFREY LILLARD,
Defendant.
SETTLEMENT AND JUDGMENT AGREEMENT ORDER
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), and the Defendant JEFFREY
LILLARD (hereinafter "LILLARD"), and hereby present to the Court a Settlement and
Judgment Agreement which settles all matters in controversy between them and which are now
pending in front of this Court, and states to the Court as follows:
1. LILLARD hereby admits liability to the COUNTY for damages it sustained, as a
result of LILLARD'S negligent driving on May 16, 2011 operating a motor vehicle southbound
on Bayshore Drive in Naples, Collier County, Florida, in the amount of$2,489.75 plus $355 in
litigation costs.
2. LILLARD stipulates with the County that a judgment be entered against him in
the amount of$2489.75 plus $355.00 in litigation costs, with no interest.
3. The COUNTY agrees to accept payment of$125.00 per month, commencing on
October 12, 2012, and continuing each month thereafter on or before the 12th of each of the
succeeding months until paid. LILLARD shall forward all payment to the Risk Management
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9/25/2012 Item 16.K.1 .
Department of the COUNTY. The COUNTY further agrees that as long as Lillard makes timely
payments, it will not take any measures available to it to execute on or otherwise enforce this
judgment.
4. Upon LILLARD paying this judgment in full, the County shall file and cause to
be record a full satisfaction of judgment in favor of Lillard.
5. Upon execution of this Agreement by both parties, the trial date of October 18,
2012 shall be cancelled.
6. The Parties agree that the Court shall retain jurisdiction for the purposes of the
enforcement of this Agreement.
7. This Settlement Agreement is subject to approval by the Board of County
Commissioners.
This Settlement Agreement is dated this day of 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA,
By:
, Deputy Clerk Fred W. Coyle, Chairman
Approved as to form and legal sufficiency:
C4:
Jeff E. Wright ,.,.1
Assistant County Attorney
JEFFREY LILLARD
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9/25/2012 Item 16.K.1.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
JEFFREY LILLARD appeared before me this day of , 2012 and
is either personally known to me or produced the following identification:
, and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his knowledge.
NOTARY PUBLIC IN AND FOR THE STATE OF FLORIDA
Printed Name
Commission Expires
APPROVED this day of ,2012:
HONORABLE JANICE T. MARTIN
COUNTY JUDGE
Conformed copies mailed to:
Colleen M.Greene,Esq.
Jeffrey Liliard
22 Constitution Drive
Naples,Florida 34112
Judicial Assistant
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