Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 10/20/2021 
Agenda Category:REGULAR RESOLUTION

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF ATTORNEY’S FEES AND COSTS IN CASE NO. 9:18-CV-81285, LADI MARCH GOLDWIRE V. CITY OF RIVIERA BEACH; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF TWO HUNDRED FIFTY FIVE THOUSAND DOLLARS ($255,000.00) AS FULL AND FINAL SETTLEMENT OF ATTORNEY’S FEES AND COSTS; 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 $255,000.00 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

On August 5, 2021, a trial commenced in the United States District Court Southern District of Florida, Case No. 9:18-CV-81285, Ladi March Goldwire (hereinafter “Plaintiff”) v. The City of Riviera Beach.

 

On August 16, 2021, a Jury returned a Verdict in favor of the Plaintiff in the amount of Sixty Thousand Dollars ($60,000.00) as to Count III of the Second Amended Complaint.  This was the only Count the jury awarded in favor of the Plaintiff.  The Court subsequently entered a Final Judgment in the Plaintiff’s favor on Count III.

 

On September 11, 2021, the parties negotiated and agreed to settle all of Plaintiff’s attorney’s fees and costs in the sum of Two Hundred Fifty Five Thousand Dollars ($255,000.00).

 

Counsel for the City, representatives from the City’s insurance carrier and excess carrier, and Risk Management concur that settlement of the Plaintiff’s attorney’s fees and costs in the amount of Two Hundred Fifty Five Thousand Dollars ($255,000.00) is in the City’s best interest, subject to City Council approval.  The City’s insurance policy pays this settlement as well as the jury verdict of $60,000. 

 
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III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
Memo_to_Mayor_and_CC_to_Settle_Attorney_s_Fees_and_Costs_Goldwire.docxMemo to Mayor and CC to Settle Attorneys Fees Goldwire10/13/2021Cover Memo
Resolution_to_Settle_Attorneys_Fees_and_Costs.docResolution to Settle Attorney's Fees and Costs March Goldwire10/13/2021Resolution
Joint_Stipulation.pdfJoint Stipulation for Entry of Order 10/13/2021Agreement
Final_Judgment_entered_8.18.21.pdfFinal Judgment10/13/2021Backup Material
REVIEWERS:
DepartmentReviewerActionDate
AttorneyBusby, Lina Approved10/13/2021 - 1:33 PM
PurchasingWilliams, GlendoraApproved10/13/2021 - 1:36 PM
Financesherman, randyApproved10/13/2021 - 2:09 PM
AttorneyBusby, Lina Approved10/13/2021 - 2:22 PM
City ClerkSmith, Tawanna Approved10/13/2021 - 3:26 PM
City ManagerJacobs, DeirdreApproved10/13/2021 - 4:33 PM