Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 6/23/2021 
Agenda Category:CONSENT REGULAR
Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE CASE OF MAGDALA DESORMEAUX V. THE CITY OF RIVIERA BEACH AND MALCOLM A. SCARLETT, CASE NO.: 502019CA002414XXXXXMB; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF ONE HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($125,000.00) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE. DAWN S. WYNN, CITY ATTORNEY 561-845-4069

Recommendation/Motion: 

THE OFFICE OF THE CITY ATTORNEY RECOMMENDS APPROVAL OF THIS RESOLUTION.

Originating Dept CITY ATTORNEY  Costs $125,000 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   
Background/Summary: 

On February 21, 2019, Magdala Desormeaux (hereinafter “Plaintiff”) filed a lawsuit in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 502019CA002414XXXXXMB, against the City of Riviera Beach and Malcolm A. Scarlett, former City employee, for personal injuries she sustained in a motor vehicle collision in Riviera Beach, Palm Beach County, Florida.

 

According to the lawsuit, on or about November 11, 2016, the Plaintiff alleged that the City’s Riviera Beach Police Officer, Malcolm A. Scarlett, was negligent in the operation of his motor vehicle when he collided with the vehicle driven by the Plaintiff while in the course and scope of his employment.

 

Plaintiff alleged that the collision caused permanent injuries to her body.

 

Counsel for the Plaintiff and counsel for the City negotiated and mediated this matter on May 18, 2021.  Counsel for the City, Risk Management and representatives of Gallagher Bassett concur that settlement in the amount of One Hundred and Twenty Five Thousand Dollars ($125,00.00), 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
Memo_to_Mayor_and_CC_Authorizing_Settlement.docxMemo to Mayor and CC to Approve Resolution to Settle Desormeaux6/8/2021Cover Memo
Resolution_to_Settle_Magdala_Desormeaux.docResolution Approving Settlement Desormeaux6/8/2021Resolution
Signed_Release_Magdala_Desormeaux.pdfSettlement and Release Desormeaux6/8/2021Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved6/8/2021 - 5:17 PM
PurchasingPemsel, AltheaApproved6/9/2021 - 12:35 PM
Financesherman, randyApproved6/11/2021 - 3:46 PM
AttorneyWynn, DawnApproved6/12/2021 - 10:24 PM
City ClerkRobinson, ClaudeneApproved6/14/2021 - 9:14 AM
City ManagerJacobs, DeirdreApproved6/16/2021 - 4:19 PM