Agenda 12/02/2008 Item #16K 4
Agenda Item No. 16K4
December 2, 2008
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 Paul R. Pransky, in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to Recover
Damages in the Amount of $54,316.72.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida
against Paul R. Pransky, to recover costs, damages, and administrative fees incurred by the
County in the amoWlt of$54,316.72,
,,-
CONSIDERATIONS: On August 29, 2007, Paul R, Pransky drove off U.S. 41 and struck a
new 2007 Ford bucket truck, which was parked off the side of the road, The County truck had
its lights flashing while performing maintenance work at the time it was struck, The vehicle was
repaired at a cost to the County of $54,316.72. Communications with Mr. Pransky's insurer,
Allstate, were made during the time the truck was being repaired apprising them of the status.
Once the vehicle was fixed, an invoice was forwarded to Allstate for the amount of $54,316.72,
A check in the amount of $43,610.50 was forwarded to the Risk Management department as
payment on our claim which was $10,706.22 less, Allstate had an expert evaluate the costs of
repairing the vehicle and they came up with a lesser value. Allstate's expert used a 2004 model
rather than the 2007 model in calculating their amounts, The County again requested that the
additional $10,706.22 be forwarded to the County, An additional $1,434.79 was forwarded to
the County and we were informed by the insurer that they would not be paying any more. 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,
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item,
LEGAL CONSIDERATIONS: Both the COWlty Attorney and the Risk Management Director
opine that the County has no other recourse for recovery of the costs incurred for the repair of the
County vehicle in the SWll of $54,316.72. This item is not quasi judicial, and as such ex parte
disclosure is not required. This item requires majority vote only.
Approved: WEM ACA
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit against Paul R, Pransky, in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, to recover $54,316.72 for costs incurred as a result of
the damages to the County's vehicle and costs of the suit.
..-
PREPARED BY:
William E. Mountford, Esq., Assistant County Attorney.
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16K4
December 2, 2008
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier
County Board of County Commissioners, Against Paul R. Pransky, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to Recover Damages in the
Amount of $54,316.72
12/2/2008 90000 AM
Prepared By
William Mountford
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/14/200812:33:13 PM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Management Director
Date
Risk Management
11/14/20081:54 PM
Approved By
William Mountford
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/17/20089:02 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/17/20084:55 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
11/18/20082:22 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
11/18/20085:55 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/19/20089:29 AM
file://C'\Af'endnTe,t\F.xnmt\ 117-necemher%?0?%?O?OOR\ 1 Ii %?()('ONSFNT%?OA(;F.N
11/?'i/?OOR