Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 12/1/2021 
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 LEONEL FELIPE V. THE CITY OF RIVIERA BEACH, CASE NO.: 502019CA016063XXXXMB; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF FIFTY SIX THOUSAND DOLLARS ($56,000.00) 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 $56,000.00 
User Dept. Funding Source
AdvertisedNo Budget Account Number
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Affected PartiesNot Required   

Background/Summary: 

On December 18, 2019, Leonel Felipe (hereinafter “Plaintiff”) filed a lawsuit in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 502019CA016063XXXXXMB, against the City of Riviera Beach for personal injuries he sustained in a motor vehicle incident in Riviera Beach, Palm Beach County, Florida.

 

On or about July 4, 2018, the Plaintiff alleged that the City’s police officer was negligent in the operation of his motor vehicle when he collided with the vehicle driven by Plaintiff while in the course and scope of his employment.

 

Plaintiff alleged that he suffered permanent injury to his body.

 

Counsel for the Plaintiff and counsel for the City negotiated and mediated this matter on November 9, 2021, and thereafter.

 

Counsel for the City, Risk Management and representatives of Gallagher Bassett concur that settlement in the amount of Fifty Six Thousand Dollars ($56,000.00), 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_Felipe.docxMemo to Settle Leonel Felipe11/22/2021Cover Memo
Resolution_to_Settle_Leonel_Felipe_FINAL.docResolution to Authorize Settlement11/22/2021Resolution
Felipe_Executed_Release.pdfExecuted Settlement Agreement and Release11/19/2021Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved11/19/2021 - 1:40 PM
PurchasingWilliams, GlendoraApproved11/19/2021 - 1:53 PM
FinanceReynolds, NydiaApproved11/23/2021 - 9:40 AM
AttorneyWynn, DawnApproved11/23/2021 - 9:42 AM
City ClerkSmith, Tawanna Approved11/23/2021 - 10:05 AM
City ManagerJacobs, DeirdreApproved11/23/2021 - 6:54 PM