Settlement Reached in Collier County Wrongful Death Lawsuit

By Andrew Weatherford

Published on August 17, 2009

A settlement has been reached in a wrongful death lawsuit filed by the mother of a woman who was killed in an automobile accident in May 2009. Tracy S. Smith Cate, 32, of North Naples, was killed when her car was struck by an automobile driven by Riccardo Rivas II, a sixteen-year old driver who had received traffic citations for speeding and careless driving in the weeks prior to the accident.

According to reports from the Sheriff's Office, the accident occurred on Pine Ridge Road near Whippoorwill Lane, where Rivas failed to stop for a red light. He hit six other vehicles that were stopped or slowing down, including the vehicle driven by Cate.

The settlement awards $260,000 directly to Cate's two children, Gilbert M. Juarez, 14, and Alexia H. Liddlelow, who is nine years old. The money will be placed in trust funds, according to court documents. The settlement also included an additional $55,000 that is to be set aside for the estate of Tracy Cate, managed by her mother Nancy Jester.

The lawsuit names the teenage driver, along with his parents Dr. Riccardo Rivas and Cynthia Rivas. The majority of the settlement money came from the Rivas' automobile insurance policy limit.

Collier County Circuit Judge Hugh D. Hayes approved the settlement.

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