Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 12/16/2020 
Agenda Category:RESOLUTION

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE CASE OF DANIEL SHEESLEY V. THE CITY OF RIVIERA BEACH, CASE NO.: 50-2019-CA-016606-XXXX-MB; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF EIGHTY ONE THOUSAND FIVE HUNDRED DOLLARS ($81,500.00) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

DAWN S. WYNN, CITY ATTORNEY, 561-845-4068

 


Recommendation/Motion: The Office of the City Attorney recommends approval of this Resolution. 

Originating Dept City Attorney  Costs $81,500.00 
User Dept. Funding Source
AdvertisedNo Budget Account Number
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Affected PartiesNot Required   

Background/Summary: 

On December 31, 2019, Daniel Sheesley (hereinafter “Plaintiff”) filed a lawsuit in the 15th Judicial Circuit in and for Palm Beach County against the City of Riviera Beach and Stillwater Insurance Company for personal injuries he sustained in a motor vehicle collision in Riviera Beach, Palm Beach County, Florida.

 

On or about March 16, 2018, the Plaintiff alleged that the City’s police officer was negligent in the operation of his motor vehicle by colliding into the vehicle driven by the Plaintiff.

 

Plaintiff carries uninsured/underinsured liability insurance coverage through Stillwater Insurance Company, however, such coverage is secondary to the City’s liability position.

 

Counsel for Mr. Sheesley, counsel for Stillwater Insurance Company, and counsel for the City negotiated and mediated this matter on November 11, 2020, and counsel for the City, Risk Management and representatives of Gallagher Bassett concur settlement in the amount of Eighty One Thousand Five Hundred Dollars ($81,500.00), inclusive of all attorneys’ fees and costs, is in the City’s best interest, subject to City Council approval.

 

The parties also agreed that Stillwater Insurance Company would pay the Plaintiff an additional Eight Thousand Five Hundred Dollars ($8,500.00) representing uninsured motorist benefits, separate and apart from the City’s settlement.

 
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III. Review Comments

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B. Purchasing/Intergovernmental Relations/Grants Comments:
 
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ATTACHMENTS:
File NameDescriptionUpload DateType
Memo_to_Mayor_and_CC_Agenda_Item_to_Authorize_Settlement_on_Daniel_Sheesley.docxMemo to Mayor and CC to Approve Settlement Daniel Sheesley12/2/2020Cover Memo
CA-Resolution_122-20_to_Authorize_Settlement_of_Daniel_Sheesley.docxResolution Authorizing the Settlement of Daniel Sheesley12/9/2020Resolution
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved12/2/2020 - 4:25 PM
PurchasingPemsel, AltheaApproved12/3/2020 - 9:21 AM
Financesherman, randyApproved12/4/2020 - 10:07 AM
AttorneyWynn, DawnApproved12/8/2020 - 11:56 AM
City ClerkRobinson, ClaudeneApproved12/8/2020 - 12:37 PM
City ManagerJacobs, DeirdreApproved12/10/2020 - 7:05 PM