99-23034 RESO
RESOLUTION NO. 99-23034
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RATIFYING A SETTLEMENT OF THE WRONGFUL DEATH LAWSUIT STYLED
JACKL YN SCHLOSS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID V.
SUCKLE, DECEASED V. CITY OF MIAMI BEACH, 11TH JUDICIAL CIRCUIT COURT CASE NO.
98.6753 CA 21, HAVING PAID $10,000.00 FROM THE CITY'S RISK MANAGEMENT FUND
PURSUANT TO FLORIDA STATUTE SECTION 768.28 AND THE FLORIDA WRONGFUL DEATH
ACT AND; FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF THE CITY
ATTORNEY OF ANY AND ALL DOCUMENTS RELATED TO THE SETTLEMENT.
WHEREAS, on April 1, 1998, the City was sued pursuant to Florida Statute 768.28 and pursuant to the
Florida Wrongful Death Act for a matter arising out of the alleged wrongful death of David Suckle as a result of his
suicide by leaping from a balcony when he was under the custody and control of City of Miami Beach detectives and
police officers on or about January 3, 1997 for which the Estate and the mother of the deceased sought damages,
costs and attorney's fees under the Florida Wrongful Death Act; and
WHEREAS, subject to the terms set forth herein, the Estate and mother 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
Jacklyn Schloss, as personal representative of the Estate of David V. Suckle, deceased v. City of Miami Beach, the
City having paid $10,000.00 from the City's Risk Management Fund; and further ratify the City Attorney's office
execution of the related documents.
PASSED and ADOPTED this 6th day of
JanuarY,1999.
MAYOR1~
APPROVED }.$ TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
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CITY CLERK
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COMMISSION MEMORANDUM NO: l.4-3- 99
DATE: January 6, 1999
TO:
Mayor Neisen Kasdin
Members of the City Commission
City Manager Sergio Rodriguez
Murray H. Dubbin \d (i' LV
City Attorney M;:\ Jji;)J
City Attorney's Status Report
FROM:
SUBJECT:
I. LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
1. 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 11, 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 A venue, 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 A I 0 6
Date l-~-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 corporation. 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. Nancy 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. Alejandro 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 CA15.
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, Individuallv, and Government Employees Insurance Company, 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 COl: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 Eiffs 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 A venue, 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 COl:poration 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.