Agenda 09/09-10/2008 Item #16K16
r-tkE~A~~
, N[!-._~...___._,.,_..,...._._.......:"._.",,~.~.c
EXECUTIVE SUMMARY h,. ,~EI"/\+'~
Recommendation to Authorize the County Attorney to File a Lawsuit on BehiilOf9ffee:,:C:c;'
Collier County Board of County Commissioners, Against Alina M. Diaz in County Court
Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of
$3,522.45.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney
to file a lawsuit in the County Court Small Claims in and for Collier County, Florida against
Alina M. Diaz to recover the repair and replacement of a Royal Palm tree damaged by Ms. Diaz,
and administrative fees incurred by the County in the amount of $3,522.45.
CONSIDERATIONS: On October 4,2005, a vehicle owned by Alina M, Diaz was being
operated at or about CR 881 and Livingston Road, when it lost control and swerved off the road
and struck a Royal Palm tree being maintained by the County. The tree had to be removed and
replaced, at a cost of $3,522.45. Although contacted on numerous occasions, Ms. Diaz has
refused and continues to refuse to pay the County's costs incurred, 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 County Attorney and the Risk Management
Director opine that the County has no other ~ecourse for recovery of the costs incurred, in the
sum of $3,522,45. Approved: 111 c.1W1 ACA
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit against Alina M, Diaz in County Court Small Claims in and for Collier
County, Florida, to recover $3,522.45 for costs incurred as a result of the damages to the
County's Royal Palm tree and costs of the suit.
PREPARED BY:
William E. Mountford, Esq" Assistant County Attorney,
/Gt /&
Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Oll\le':-~:_~~~.'TEM
County Board of County Commissioners, Against Alina M. Diaz in County Court Small Clai"!1.~in'-~.'..
and for Collier County, Florida, to Recover Damages in the Amount of $;3,522.45. StP (I, ?[lO'j
lJ'g~~.~'..~:h~.
Prepared By:
Department
Information Technology
Date
8/29/2008 1 :26:34 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/31/20081:12 PM
ATTACHMENTS:
Name:
I) .Ex Summarv--1:!laz.odf
Description:
Executive Summary - Diaz
Type:
Executive Summary