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Agenda 11/13/2012 Item #16K511/13/2012 Item 16.K.5. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Angela Hendricks and Deandre Nikko Woods in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the clean -up by County personnel and repair to the roadway damaged by them in the amount of $2,697.5$, 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 Angela Hendricks and Deandre Nikko Woods to recover damages incurred by the County in the amount of $2,697.58, plus costs of litigation. CONSIDERATIONS: On October 9, 2011, Deandre Nikko Woods was operating a vehicle owned by Angela Hendricks in Collier County on CR 951. Ms. Woods had a seizure causing her foot to press down on the accelerator. The passenger with Ms. Woods steered the vehicle to the outside lane when the vehicle rear -ended another vehicle and continued north, rotating counterclockwise on CR 951. The County incurred damages in the total amount of $2,697.58 for the clean -up by County personnel and repair to the roadway damaged. The County's Risk Management Department has made a claim to Ms. Hendricks' insurance company; however the total amount remains unpaid. Ms. Hendricks has refused and continues to refuse to reimburse the County for this damage. 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 $500.00. 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. - 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 Angela Hendricks and Deandre Nikko Woods, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the clean -up by County personnel and repair to the roadway damaged by them in the amount of $2,697.58, plus costs of litigation. PREPARED BY: Colleen M. Greene, Assistant County Attorney 13 -RMG- 00300/15 Packet Page -2909- 11/13/2012 Item 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Angela Hendricks and Deandre Nikko Woods in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the clean -up by County personnel and repair to the roadway damaged by them in the amount of $2,697.58, plus costs of litigation. Meeting Date: 11/13/2012 Prepared By Name: AllenDebbie Title: Legal Office Administrator,County Attorney 11/1/2012 2:36:38 PM Submitted by Title: Assistant County Attorney,County Attorney Name: GreeneColleen 11/1/2012 2:36:40 PM Approved By Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 11/1/2012 4:54:12 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 11/2/2012 11:04:41 AM Name: KlatzkowJeff Title: County Attorney Date: 11 /2/2012 1 1:46:24 AM Packet Page -2910- Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 11/2/2012 1:47:46 PM Name: OchsLeo Title: County Manager Date: 11/4/2012 12:20:24 PM Packet Page -2911- 11/13/2012 Item 16.K.5.