Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 4/21/2021 
Agenda Category:CONSENT RESOLUTION
Subject: 

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE CASE OF JERMAINE MYLES V. THE CITY OF RIVIERA BEACH AND TERRANCE S. GOLDWIRE, CASE NO.: 502019CA001312XXXXXMB; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.  DAWN S. WYNN, CITY ATTORNEY 561-845-4068

Recommendation/Motion: 
Originating Dept CITY ATTORNEY  Costs  
User Dept.City Attorney Funding Source
AdvertisedNo Budget Account Number
Date   
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Affected PartiesNot Required   
Background/Summary: 

On January 31, 2019, Jermaine Myles (hereinafter “Plaintiff”) filed a lawsuit against the City of Riviera Beach and Terrance S. Goldwire, former City employee, for personal injuries he sustained in a motor vehicle incident in Riviera Beach, Palm Beach County, Florida.

  

On or about October 13, 2017, the Plaintiff alleged that the City’s employee, Goldwire, was negligent in the operation of his motor vehicle when a piece of unsecured debris fell from a City owned vehicle operated by Goldwire while in the course and scope of his employment.  

 

Plaintiff alleged that the debris caused the Plaintiff to be injured.

 

Counsel for the Plaintiff and counsel for the City negotiated and mediated this matter on November 16, 2020, and thereafter; and

 

WHEREAS, counsel for the City, Risk Management and representatives of Gallagher Bassett concur that settlement in the amount of Fifty Thousand Dollars ($50,00.00), inclusive of all attorneys’ fees and costs, is in the City’s best interest, subject to City Council approval. 

 
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III. Review Comments

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B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
Cover_Memo_Myles.docxCover Memo to Mayor and CC4/5/2021Cover Memo
Resolution_to_Settle_Jermaine_Myles_38-21.docResolution No. 38-21 Authorizing Settlement Myles4/5/2021Resolution
Fully_signed_settlement_release.pdfSettlement Agreement and Release4/5/2021Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved4/5/2021 - 4:09 PM
PurchasingPemsel, AltheaApproved4/6/2021 - 3:01 PM
Financesherman, randyApproved4/7/2021 - 1:53 PM
AttorneyWynn, DawnApproved4/7/2021 - 2:26 PM
City ClerkRobinson, ClaudeneApproved4/7/2021 - 2:57 PM
City ManagerJacobs, DeirdreApproved4/15/2021 - 7:04 PM