LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. City of Miami Beach, Florida v. Soho Bay Restaurant Case No. 16-27094 CA 02 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for damages for monies owed to the City in connection with the Fee in Lieu of Parking Program and for Concurrency Fees. The Summons and Verified Complaint were issued on the City on October 19, 2016.
2. Benjamin Appelbaum v. City of Miami Beach and Florida Department Of Transportation Case No. 16-024599-CA-01 in the Circuit Court of the 11th Judicial Circuit in and for Miami – Dade County Florida
The City was served with this complaint on October 20, 2016 alleging that on October 2, 2015, the plaintiff, Benjamin Applebaum, was riding his bicycle eastbound in the designated bike lane and impaled his right foot on a sharp, curved prong, which was part of the portable Miami Beach equipment trailer upon which a digital traffic speed sign was posted. The plaintiff is alleging that the traffic sign was negligently situated on, blocking and interfering with safe bicycle passage over the portion of the eastbound bike lane. He further alleges that the defendants failed to post any warning signs or cones in front of the equipment. The plaintiff was attended to by fire rescue and transported to Mount Sinai ER where he ultimately had surgery to his right foot. We shall file our answer and propound discovery to the plaintiff.
3. Schecher Group, Inc v. Zakha Oueis, et al., Case No. 16-25861 CA 34 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for declaratory relief establishing the Plaintiff’s entitlement to surplus funds resulting for a tax deed sale for the real property located at 6060 Indian Creek Drive, Unit 703, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on October 21, 2016.
The City’s Answer and Affirmative Defense was filed on October 25, 2016.
4. JPMorgan Chase Bank, N.A., vs Ronald Chinchilla, et al., Case No. 16-25721 CA 32(Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6900 Bay Drive, Unit 8L, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on October 24, 2016.
The City’s Answer and Affirmative Defense was filed on October 25, 2016.
5. Takesha Botts, v. City of Miami Beach Case No. 16-025420-CA-01 in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida
The City was served with this complaint on October 25, 2016 alleging that on August 31, 2015, the plaintiff, Takesha Botts, was an invitee on the premises located at Lincoln Road Lot 27 parking at Miami Beach, Florida, when she stepped out of her parked vehicle on the premises and stepped on wet cement or a cement like substance in the street causing her to fall down and sustain injury. The plaintiff is alleging that we own the parking lot and we had a duty to maintain the parking lot. They further allege that we knew or should have known or had sufficient time so that the City of Miami Beach should have known of the wet cement at that location in the parking lot. We shall file our answer, propound discovery and eventually file a motion for summary judgment after discovery is complete to establish that we did not have knowledge of the wet cement and neither did we have imputed knowledge of the wet cement since it was not there long enough for us to be aware considering it was cement that was still wet at the time of the accident.
6. Rebecca Cortina v. City Of Miami Beach, Miami Beach Garden Club, Inc., Miami Beach Garden Conservancy, Inc., and Elizabeth M. Morales Case No. 2016-015284 CA01 in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida
The City was served with this complaint on October 25, 2016 alleging that on June 16, 2012, the plaintiff, Rebecca Cortina, was an invitee of Defendant, City of Miami Beach, lawfully on the premises owned, operated, maintained and/or otherwise controlled by the Defendant located at or near 2000 Convention Center Drive, Miami Beach, Miami-Dade County, Florida and known as the Miami Beach Botanical Garden. While walking in the subject Miami Beach Botanical Gardens, the Defendant, City of Miami Beach, knew or should have known this area of the premises to be hazardous and it was improperly maintained by Defendant, causing the plaintiff to fall violently resulting in injuries to the plaintiff. The plaintiff is alleging failure to warn, failure to maintain and creating a dangerous condition that caused plaintiff to trip and fall. We shall tender this claim to the insurance carriers of the operators of the botanical garden, Miami Beach Garden Club and Miami Beach Garden Conservatory.
7. Robert Goettmann v. City of Miami Beach, Case # 16-025095-CA-01 in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida
The City was served with this complaint on October 27, 2016 alleging that on May 1, 2015, the plaintiff, Robert Goettman, was riding his bicycle on the beach path at 3rd Street and Ocean Drive in Miami Beach, Florida, when he rode over a raised dilapidated portion of a mat placed on the sand and was caused was to be injured. They are alleging that the City failed to repair the mat or place warnings signs alerting to the condition of the mat. We shall file our answer and propound discovery to the plaintiff.