Agenda 03/22/2011 Item #16K3
3/22/2011 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve settlement of the
lawsuit filed by ColIier County and against JUSTINA T. MENACHIO and RANISHA L.
KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No.
1l-00228-SC), in the amount of $2,935.30 for total damages, plus $390.00 in costs of
litigation and authorize the Chairman to execute the Release.
OBJECTIVE: For the Board of County Commissioners to settle the lawsuit against
JUSTINA T. MENACHIO and RANISHA 1. KNOWLES. in the Twentieth Judicial Circuit in
and for Collier County, Florida (Case No. 11-00228-SC), in the amount of $2,935.30 for total
damages, plus $390.00 in costs oflitigation and authorize the Chaitman to cxecute the Release.
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, left lhe driving lane at a great rate of speed, and struck a
fence owned and maintained by Collier County. Menachio maintained insurance for this vehicle.
Pursuant to authorization by the Board, the County Attorney filed suit and rcached a settlement
agreement with Menachio's insurance company subject to approval by the Board. The County
Attorney is holding a check in the lotal amount of $3.325.30 that represents the total amount of
- damages incurred by lhe County plus thc $390.00 in Court costs expended by the County for
suit.
FISCAL IMPACT: The County will recover the total amount of its damages and the total
amount of the Court costs paid.
GROWTH MANAGEMENT IMPACT: There is no grmvth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this sctt1ement
with the Risk Managemenl Department and both agree and rccommend this settlement. This
settlement provides the County with full compensation for total damages plus actual costs
incurred (filing and service fees). This item rcquires majority vote. - CMG
RECOMMENDATION: Rccommendation that the Board of County Commissioners
approve settlement of the lawsuit filed by Collier County and against JUSTINA T. MENACHIO
and RANISHA 1. KNOWLES, in the Twentieth .Judicial Circuit in and for Collier County,
Florida (Case No. ] 1-00228-SC), in the amount of $2,935.30 for total damages, plus $390.00 in
costs of litigation and authorizc the Chairman to execute the Release.
PREPARED BY:
Colleen M. Greene, Assistant Counly Attorney
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09-RMG-OOII3/28
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3/22/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation that the Board of County Commissioners approve
settlement of the lawsuit filed by Collier County and against JUSTINA T. MENACHlO and
RANISHA L. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 11-00228-SC), in the amount of $2,935.30 for total damages, plus $390.00 in costs of
litigation and authorize the Chairman to execute the Release.
Meeting Date: 3/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/9/201] 2:15:26 PM
Approved By
Name: WalkerJeff
Title: Director - Risk ManagemenLRisk Management
Date: 3/9/20 11 2:28:29 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/10/20]] 10: I 5:37 AM
Name: GreenwaldRandy
Title: Management/Budget AnalysLOffice of Management & B
Date: 3/10/20113:03:02 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/1 1/201] 3:34:37 PM
Name: Shet'tieldMichael
Title: Manager-Business Operations, CMO
Date: 3/14/20] 13:20:14 PM
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3/22/2011 Item 16.K.3.
RELEASE AND SATISFACTION
COMES NOW the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, and does hereby waive, remise, relinquish, quit claim, and release any and all right to
claim any liens, lien rights, or claims or demands of any kind whatsoever it may posesses or
might have against JUSTINA T. MENACHlO and RANISHA 1. KNOWLES, as well as the
DIRECT GENERAL INSURANCE COMPANY, for consideration, the receipt of which is
hereby acknowledged, of the sum of $2,935.30 plus $390.00 in costs (total of $3,325.30) for
damages, which is the subject matter of this eause (Case No. 11-00228-SC) in lhe Counly Court
of the Twentieth Judicial Circuit in Collier County, Florida and arising in and out of the accident
and occurence on or about March 30, 2009 on Stale Road 29 approximately 5 miles north of
County Road 837 in Collier County, Florida.
DATED THIS
DA Y OF
,2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: FRED W. COYLE, CHAIR.MAN
ATTEST:
DWIGHT E. BROCK,
CLERK OF COURTS
By: Deputy Clerk
Approved as to form and legal sufficiency:
@'d 0",",
Assistant County Attorney
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