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Agenda 02/23/2010 Item #16K 3 Agenda Item No. 16K3 February 23, 2010 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Stephen R. Sutherlin and Laboratory Corp. of America, in the County Court in and for Collier County, Florida, to recover damages in the amount of $6,421.85 plus costs of litigation as a result of an automobile accident. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit in the County Court in and for Collier County, Florida against Stephen R. Sutherlin and Laboratory Corp. Of America to recover damages to a County vehicle and administrative fees incurred by the County in the amount of $6,4521.85, plus costs of litigation. CONSIDERATIONS: Mr. Sutherlin was operating a Lab Corp. vehicle in the scope of his employment. Mr. Sutherlin negligently operated said vehicle and struck a County Public Utilities vehicle temporarily stopped on the highway to perform an inspection. The damage to the County truck totals $6,421.85. The County has attempted to recover funds from the responsible party, however, the insurance company refuses to pay the amount demanded. 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: The County Attorney has reviewed and approved this item. This item is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against Stephen R. Sutherlin and Laboratory Corp. of America, in County Court in and for Collier County, Florida, to recover $6,421.85 for costs incurred as a result of the damages to the County's vehicle and costs ofthe suit. PREPARED BY: Colleen M. Greene, Assistant County Attorney Agenda Item No. 16K3 February 23, 2010 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16K3 Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Stephen R. Sutherlin and Laboratory Corp. of America, in the County Court in and for Collier County, Florida, to recover damages in the amount of $6,421.85 plus costs of litigation as a result of an automobile accident. 2/23/20109:00:00 AM Prepared By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 2/11/20104:12:37 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 2/11/20104:29 PM Approved By Raymond Carter Administrative Services Division Manager ~ Risk Finance Date Risk Management 2/11/20104:33 PM Approved By Jeff Klatzkow County Attorney Date 2/12/20108:37 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 2/16/2010 11:05AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2/16/201011:54 AM