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Agenda 02/23/2010 Item #16K 4 Agenda Item No. 16K4 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 Kim Mudge in County Court in and for Collier County, Florida, to recover damages as a result of an automobile accident in the amount of $4,877.09, plus costs of litigation. 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 Kim Mudge to recover costs, damages, and administrative fees incurred by the County in the amount of $4,877.09, plus cost of litigation. CONSIDERATIONS: On April 26, 2008 Kim Mudge was operating her vehicle at approximately 5:30 P.M. at the intersection of County Road 951 and Rattlesnake Hammock, when she lost control of the vehicle, and swerved into the guardrail, damaging the guardrail. Although Ms. Mudge was contacted on numerous occasions, she has refused, and continues to refuse to pay the County's costs of repair to the guardrail. The County has no other recourse for recovery of the costs than to proceed with litigation. The total amount of damages is $4,877.09. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. Filing fees and service totals approximately $400.00. 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. - CMG RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against Kim Mudge in County Court in and for Collier County, Florida, to recover $4,877.09, plus costs oflitigation as a result of an automobile accident. PREPARED BY: Colleen M. Greene, Assistant County Attorney Agenda Item No. 16K4 February 23,2010 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Kim Mudge in County Court in and for Collier County, Florida, to recover damages as a result of an automobile accident in the amount of $4,877.09, plus costs of litigation. 2/23/2010 9:00:00 AM Meeting Date: Prepared By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 2/11/20104:18:08 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 2111/20104:31 PM Approved By Jeff Klatzkow County Attorney Date 2112/20108:36 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2116/201011 :06 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2/16/2010 11:53AM