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Agenda 01/25/2011 Item #16K5 . . . 1/25/2011 Item 16.K.5. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to iIle a lawsuit on behalf of the Collier County Board of County Commissioners, against JUSTINA T. MENACHlO and RANISHA L. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to a County owned fence in the amount of $2,935.30, plm costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attomey to file a lawsuit in the Twentieth Judicial Circuit in and for Collier County, Florida against JUSTINA T. MENACIDO and RANISHA 1. KNOWLES, to recover costs, damages, and administrative fees incurred by the County in the amount of $2,935.30 for damages to a County owned fence. CONSIDERATIONS: On March 30, 2009, a vehicle owned by Justina T. Menachio and operated by Ranisha 1. Knowles, was traveling northbound on State Road 29 approximately 5 miles north of County Road 837 in Collier County. Ms. Knowles lost control of Ms. Menachio's vehicle, was negligent and careless, in that she lost control of the vehicle, left the driving lane at a great rate of speed, and struck a fence owned and maintained by Collier County. Neither Menachio nor Knowles maintained insurance for this vehicle. The County has made several demands to Menachio and Knowles and both have failed and/or refused to compensate the County for damages caused by them. 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 and service total approximately $400.00. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against JUSTINA T. MENACIDO and RANISHA 1. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $2,935.30 for costs incurred as a result of the damages to the County's fence and costs of the litigation. PREPARED BY: Colleen M. Greene, Assistant County Attorney 09-~(J-OOl13f.28 Packet Page -985- . . . 1/25/2011 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 ofthe Collier County Board of County Commissioners, against JUSTINA T. MENACHIO and RANISHA L. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to a County owned fence in the amount of $2,935,30, plus costs of litigation, Meeting Date: 1/25/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 1/14/201111:25:12 AM Approved By Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 1/14/20111:51:58 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2011 3:39:44 PM Name: GreenwaldRandy Title: ManagementIBudget Analyst,Office of Management & B Date: 1/14/2011 4:01:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2011 4:23:43 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 1/15/2011 12:40:46 PM Packet Page -9'86-