Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 3/7/2018 
Agenda Category:CONSENT RESOLUTION

Subject:  A resolution authorizing settlement in the matter of Linda Cagle and Kenneth Cagle v. City of Riviera Beach, and Active Interest Media, Inc., D/B/A Passage Maker; Case No.: 2015CA011846XXXXMB AO; in the total amount of $75.000.

Recommendation/Motion: It is recommended that settlement in the total amount of $75,000 be approved.

Originating Dept City Attorney's Office  Costs $75,000 
User Dept.City Attorney's Office Funding Source
AdvertisedNo Budget Account Number602-0539-513-0-4508
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

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.

 
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ATTACHMENTS:
File NameDescriptionUpload DateType
021518_settlement_resolution_Linda_Cagle.docCagle v. CRB Resolution2/15/2018Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
AttorneyAnswererApproved3/6/2018 - 4:56 PM