On January 24, 2015, Linda Cagle tripped and fell walking down a paved roadway at Trawler Fest held at the Riviera Beach Marina, causing significant injuries. Her husband Ken brought a consortium claim. She claims a host of injuries and is still actively being treated. The City of Riviera Beach filed an Amended Complaint against the CRA wherein testimony was given that the CRA was responsible for the maintenance of the uplands which was described as the seawall back U.S. 1 or approximately 11 acres of land. Based upon the facts of this case and the language within the Marina Uplands Ground Lease, a tender letter was sent to the CRA demanding it indemnify and hold harmless the City. There was an argument that AIM had the ability to exercise control of the premises. Throughout the event, they were responsible for their set up. This made it likely that there could be joint responsibility between AIM and the City as well as CRA for the injuries sustained by Ms. Cagle at the Marina.
The parties participated in mediation held on January 30, 2018, and thereafter agreed to globally settle the case for a total amount $250,000. Gallagher Bassett Services, Inc., is authorized to make payment of $75,000 on behalf of the City, subject to City Council approval.