Loading...
99-23033 RESO RESOLUTION NO. 99-23033 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A SETTLEMENT OF THE TORT CLAIM STYLED LUIS COLMAN AND NOEL COLMAN V. CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION, 11TH JUDICIAL CIRCUIT COURT CASE NO. 97. 2997 CA 13, AND PAID $72,500.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE ~768.28; AND FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF THE CITY ATTORNEY OF ANY AND ALL DOCUMENTS RELATED TO THE SETTLEMENT. WHEREAS, on February 13, 1997, the City was served with a lawsuit pursuant to Florida Statute 9 768.28 alleging that on March 16, 1995 Luis Colman was driving a vehicle which was violently rearended by a City vehicle causing him to suffer a herniated lumbar disk for which surgery was performed for which the plaintiff and his wife sought damages, costs, and attorney's fees under the Florida Waiver of Sovereign Immunity Statute; and WHEREAS, subject to the terms set forth herein, the plaintiffs and the City, without admission of liability, have resolved any and all claims and disputes by and between them; and WHEREAS, the City Attorney's office and the City Manager's office recommend ratification of this settlement; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein ratify a settlement of the claim styled Luis Colman and Noel Colman v. City of Miami Beach, for which the City paid $72,500.00 from the City's Risk Management Fund; and further ratify the execution of any and all related documents by the City Attorney's office. PASSED and ADOPTED this 6th day of January 1M999. MAYOR AUL~ f~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1t.~tL I . orneo,r /l-{$o( CJe Dr.fAt COMMISSION MEMORANDUM NO: 4-3- 99. DATE: January 6, 1999 TO: Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Murray H. Dubbin \i' I(in IIV City Attorney M ~ City Attorney's Status Report FROM: SUBJECT: I. LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT I. Priscilla A. Burrows as Personal Representative of the Estate of Fred Douglas Howard. Deceased on behalf of his estate and for the benefit of Lamar Keshaun Howard. a minor. his Survivor vs. City of Miami Beach. a municipal cOl:poration. Eleventh Judicial Circuit. General Jurisdiction Division, Case No. 98-26171 CA 15. This is a complaint filed by Plaintiff Priscilla A. Burrows, personal representative of Fred Douglas Howard, a deceased former City employee, who claims pension benefits for a minor child, Lamar Keshaun Howard, born after the date of Mr. Howard's retirement. The City filed a Motion to Dismiss Complaint on December 3, 1998 on the basis that any minor child born after the date of an employee's retirement is not entitled to pension coverage. A Notice of Dropping the City of Miami Beach as a party was served on December II, 1998. 2. Doris Parker and Richard Parker vs. Louis Mussman. Yetta Mussman et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-26198 CA 21. This is a mortgage foreclosure case for real property located at 543, 549, 636 Meridian Avenue, Miami Beach. Charges due to the City for water and garbage are both current. There is a Lot Clearing/Sanitation lien and Special Master Liens on the property. An Answer was filed on December 8, 1998. Agenda Item 1\ I () 6 Date l-(.o-99 Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Page 2 January 6, 1999 3. Joel Garcia. a minor by and through his father and next friend. Marcelino Garcia. and Marcelino Garcia. individually vs. City of Miami Beach.- Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-26593 CA 30. The City was served with this Complaint on November 24, 1998, wherein the father of the minor, Joel Garcia, alleges that his son, Joel, was in the after school program at Muss Park when he was impaled by a large wooden splinter from a severely weathered and deteriorated wood plank bench. The large splinter allegedly penetrated the minor plaintiffs thigh and buttock which required surgery with general anesthesia and has left scars. Plaintiff has demanded $62,000.00 for settlement of this matter. An answer, affirmative defenses and discovery has be timely propounded. 4. P.G.N. Hotel LC vs. City of Miami Beach. a Florida municipal cor:poration. Niesen Kasdin. Mayor for the Citv of Miami Beach. David Dermer. Commissioner for the City of Miami Beach. Susan Gottlieb. Commissioner for the City of Miami Beach. Nancv Liebman. Commissioner for the City of Miami Beach. Martin Shapiro. Commissioner for the City of Miami Beach. Jose Smith. Commissioner for the City of Miami Beach. and Phil Azan. Building Officer for the City of Miami Beach. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-27206 CA 20. The Design Review Board granted Plaintiffs request for a variance, however Plaintiff applied for the application for the building permit on July 3rd, 1997, subsequent to the expiration of the DRB approval. 5. G.E. Capital Mortgage Services. Inc. vs. Leonardo F. Monzon and Angelina Otegui-Monzon: et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-27243 CA 05. This is a mortgage foreclosure case for real property located at 1794 Normandy Drive, Miami Beach. Water charges are delinquent. There is a Lot Clearing/Sanitation lien and a Special Master lien against the property. An answer in this case was filed on December 11, 1998. 6. Aleiandro F. Arias vs. City of Miami Beach. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-25594 CA 06. The City was served with this Complaint on December 1, 1998, wherein the plaintiff Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Page 3 January 6, 1999 alleges that he tripped and fell over a raised portion of sidewalk located in front of 720 Meridian A venue, thereby sustaining a fractured right patella. Plaintiffs counsel has demanded $125,000.00 in settlement of this matter. An answer, affirmative defenses and discovery will be timely propounded. 7. Federal National Mortgage Association vs. Diego L. Acosta: et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-27391 CAI5. This is a mortgage foreclosure case for real property located at 10562 S. W. 161 Avenue, Miami. As this property is not located in Miami Beach, and there is no known existing ownership of property in Miami Beach, an Answer has not been filed in this case. 8. Shawn Frechette. Individually. and Government Employees Insurance Companv. as subrogee of Shawn Frechette vs. City of Miami Beach and Doran Jason Group of Miami. Inc. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-16689 SP 05. Plaintiffs vehicle sustained significant damages as a result of being driven over a pothole in the alley of Lincoln Lane North. This is a county court case for property damages only. As the City does not own nor maintain this particular alleyway, the City is contesting this claim. The matter is currently set for pre-trial conference just before the New Year. 9. Cynthia Scollin vs. Amalfi Miami. Inc. d.b.a Da Leo Pizza Villa. a Florida Cor:poration. City of Miami Beach. a Political Subdivision of the State of Florida. and Dwayne Moore. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-27461 CA 15. The City was served with this Complaint on December 4, 1998, wherein the plaintiff alleges that on November 16, 1997 as she was walking on Lincoln Road, at or near co-defendant Da Leo Pizza Restaurant, co-defendant Dwayne Moore was rollerblading when a waiter for Da Leo allegedly stepped into the rollerblader's path causing them to collide and then causing the rollerblader to then collide with the plaintiff. The plaintiff alleges a fractured left leg. Demand has been made upon CJ& W the Claims Administrator for the insurance company for Da Leo to take over defense on behalf of the City, which is an additional insured and the Certificate Holder for the insurance policy. As of this date, CJ&W has not taken over the defense and the City must be prepared to take further steps. In the event that they do not take over the defense by the time the City's answer is due, the City will, of Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Page 4 January 6, 1999 course, answer the complaint and propound discovery to the plaintiff. 10. Steven Jacob Cook vs. The City of Miami Beach and Peter Zecchini. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-20704 CA21. MG 98CMB0020-332 This is a case in which the Plaintiff claims violation of Civil Rights because a former police officer while off duty at his own home shot the Plaintiff. The City has removed the case to Federal court and will be moving to dismiss the complaint 11. Kent Harrison Robbins vs. City of Miami Beach. Eleventh Judicial Circuit, Appellate Division, Case No. 98-459 AP. This is a case involving a zoning issue. The property involved is located in the 7600 block of Collins Avenue. Plaintiff is suing because he alleges he was unjustly denied appeal to the Planning Board. The City's position is that Plaintiff did not appeal in the designated time allotted. 12. Citibank (South Dakota). N.A. vs. James 1. Douglas. Defendant. City of Miami Beach. Garnishee. Civil Division, Dade County, Florida. Continuing Writ of Garnishment for Salary or Wages James Douglas was terminated from his employment with the City of Miami Beach on April 8, 1998. His wages are not subject to garnishment as he is no longer an employee. Case is closed. 13. In Re: The Marriage of Cheryl L. Goode vs. Philip Von Eiff. Eleventh Judicial Circuit, Case No. 96-29393 FC 12 PJ. This is a child support case with wage garnishments to both Philip Von Eiff's wages. Cheryl L. Goode Von Eiff has received all funds due her from payroll. Case is closed. 14. Claudia Meiia vs. Citv of Miami Beach. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-28728 CA 4. The City was served with this Complaint on December 16, 1998, wherein the plaintiff alleges that on October 19, 1997 she tripped and fell in an open utility pipe hole located at the intersection of Lincoln Road and Pennsylvania Avenue, thereby Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Page 5 January 6, 1999 sustaining an abrasion and wound on her right knee and shin which left a significant scar. The plaintiff is demanding $83,500.00 to settle this matter. An answer, affirmative defenses and appropriate discovery will be timely propounded. 15. First Nationwide Mortgage Corporation vs. Susana Martinez et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-28577 CA 15. This is a mortgage foreclosure case on real property located at 14660 S. W. 80th Street, Miami. As the City of Miami Beach still has a Code Enforcement Lien recorded in the Public Records of Dade County, Florida, an Answer was filed on December 23, 1998. II. RECOMMENDATION FOR RATIFICATION BY COMMISSION OF SETTLEMENT The City Attorney's office, in conjunction with the City Manager's office recommends ratification of the following settlements: 1. Jacklyn Schloss. as Personal Representative of the Estate of David Suckle vs. City of Miami Beach, Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-6753 CA 21. This was a wrongful death complaint alleging that CITY detectives failed to exercise reasonable care to protect David Suckle who was in their custody. There was no original written demand, but wrongful death cases are always estimated at the statutory cap of $200,000.00 per incident for various claimants, if there is possible liability. Six officers were in the room when David Suckle leaped over the rail of the balcony of the Alexander Hotel and fell to his death. The CITY was successful in moving the Court to strike all but two counts of the wrongful death claim of the Estate. Shortly thereafter, the Plaintiff accepted a settlement for $10,000.00. The City Attorney's office and the office of the City Manager recommend ratification of this settlement. 2. Hadassah Zweig vs. City of Miami Beach. a municipal cor:poration, Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 97-22916 CA 10. This was a trip and fall on the boardwalk allegedly due to defective boards and protruding nails, wherein the Plaintiff tripped and sustained a fractured shoulder and Mayor Neisen Kasdin Members of the City Commission City Manager Sergio Rodriguez Page 6 January 6, 1999 a dislocation and fracture of the right elbow. The Plaintiffs demand was $100,000.00. After being deposed by the CITY, the Plaintiff accepted a settlement of $8,500.00. The City Attorney's office and the office of the City Manager recommend ratification of this settlement by the Commission. 3. Luis Colman and Noel Colman vs. City of Miami Beach. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 97-2997 CA 13. This matter involved a severe collision wherein a CITY vehicle rearended the Plaintiffs vehicle causing extensive damage to the vehicle. Plaintiff suffered a herniated lumbar disk which required surgery which was performed by Dr. Scudari whom the CITY has used in the past as a worker's compensation orthopedic physician. The medical bills in the case exceeded $25,000.00. There were several independent witnesses to the accident all of whom blamed the CITY vehicle. A demand was received by the CITY for the statutory cap of $200,000.00 for more than one (1) claimant. The matter was settled in the amount of $72,500.00. The City Attorney's office and the Office of the City Manager recommend ratification of this settlement by the Commission.