Stephen P. Padilla, as Personal representative of the Estate of Herminio Padilla, Jr., Decedent, brought suit against the City of West Palm Beach, Palm Beach County, City of Lake Worth, City of Riviera Beach and Town of Palm Beach.  Mr. Padilla, as the Plaintiff, alleged that his father, Herminio Padilla, Jr., was killed while performing his job duties at the ECR. Mr. Padilla was employed by the City of West Palm Beach as wastewater operator at the ECR and fell to his death after a catwalk collapsed and he fell into the tank below.  Plaintiff alleged that the City of Riviera Beach, along with other members of the ECR (the “Defendants”) were responsible under Florida’s Wrongful Death Act.

Mediation occurred on October 17, 2018.  Legal counsel for the City, Lyman Reynolds, attended the mediation. The parties agreed to a settlement, contingent on Defendant’s governing board approval, with a total payment of $300,000.  The City of Riviera Beach’s share of the settlement amount is $43,368.  Additionally, the Defendants agreed to support a claims bill for an additional $100,000.  If passed by the Legislature, the City’s share of this additional amount will be $7,273.  Additionally, the City of West Palm Beach will recommend a bench memorializing Mr. Padilla and renaming a road at the ECR in his name.

In the settlement, no party admits liability and agreed to this compromise of disputed claims to avoid the costs and uncertainty of litigation.  Each party will bear its own attorney fees and costs in connection with this settlement and enforcement of the terms of the settlement agreement.  While not named in the litigation, the Plaintiff will also waive any claims against the ECR Board.