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Agenda 11/13/2012 Item #16K411/113/2012 Item 16.K.4. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Viviana Pineda - Lopez; in the County Court of the Twentieth Judicial Circuit in and for Collier County, FloO,ida, to recover damages incurred by the County for the repair to a guardrail damaged by her in the amount of $3,148.04, 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 Viviana Pineda -Lopez to recover damages in the amount of $3,148.04, plus costs of litigation. CONSIDERATIONS: On February 17, 2012, Viviana Pineda -Lopez was operating a vehicle owned by her westbound on Golden Gate Boulevard East. According to Ms. 1Pineda- Lopez, a dog ran into the roadway causing her to steer to the left to avoid colliding wi�h the dog. Ms. Pineda -Lopez lost control of her vehicle and crashed into a County owned'', guardrail. The County incurred damages in the amount of $3,148.04 for repair to the guardrail. ' Despite repeated demands for payment, Ms. Pineda -Lopez has refused and continues to refuse to reimburse the County for these repairs. 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. Filing fees, service and process fees total approximately $500.OQ. 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 majority vote for approval. - CMG 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 Viviana Pineda- Lopez, in the County Court of the Twentieth Judicial �ircuit in and for Collier County, Florida, to recover damages incurred by the County for the repair to guardrail damaged by her in the amount of $3,148.04, plus costs of litigation. PREPARED BY: Colleen M. Greene, Assistant County Attorney 12 -RMG- 00301 /12 Packet Page -2906- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. 11/13/2012 Item 16.K.4. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Viviana Pineda -Lopez 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 to a guardrail damaged by her in the amount of $3,148.04, plus costs of litigation. Meeting Date: 11/13/2012 Prepared By Name: AllenDebbie Title: Legal Office Administrator,County Attorney 11/1/2012 2:28:28 PM Submitted by Title: Assistant County Attorney,County Attorney Name: GreeneColleen 11/1/2012 2:28:30 PM Approved By Name: Walkerleff Title: Director - Risk Management,Risk Management Date: 11/1/2012 4:54:01 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 11/2/2012 11:04:27 AM Name: KlatzkowJeff Title: County Attorney Date: 11/2/2012 11:46:11 AM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Packet Page -2907- Date: 11/2/2012 1:45:22 PM Name: KlatzkowJeff Title: County Attorney Date: 11 /2/2012 2:49:46 PM Name: OchsLeo Title: County Manager Date: 11/4/2012 12:26:17 PM Packet Page -2908- 11/13/2012 Item 16.K.4.