| | | | | | | |  | City Attorney Reports - R10 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, City Attorney | | | DATE: | January 17, 2018 | | | |
| | SUBJECT: | CITY ATTORNEY'S STATUS REPORT. |
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| | | | | | | | ANALYSIS
| LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT:
1. Deanna Fabricatore v. City of Miami Beach, Global Spectrum, l.P., Marine Industries Unlimited, Inc., and Professional Show Management Inc., Case # 2017-206311 CA 22 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on December 6, 2017 alleging that on May 21, 2016, Plaintiff, Deanna Fabricatore, was injured while an invitee of the South Florida Boat Show hosted at the Miami Beach Convention Center, 1901 Convention Center Drive in Miami Beach, Miami-Dade County, Florida. At that time and place, the plaintiff, was walking near the Boston Whaler booth when she tripped and fell over a rubber matt on the floor that was missing a required edging, was not flush to the floor, created an uneven/unleveled walking surface, and created a trip hazard that resulted in injury to the plaintiff. We will file our answer to the complaint, propound discovery to the plaintiff, and tender the suit to Global Spectrum and/or the other co-defendants considering that Global Spectrum runs the convention center for the City and the other co-defendants were participants in the Boat Show at the Convention Center.
2. Deutsche Bank National Trust, etc. vs Ofilio Cabezas, et al., Case No. 16-20654 CA 35 (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 1250 West Avenue, UnIt 3-P, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on December 11, 2017.
The City’s Answer and Affirmative Defense was filed on December 12, 2017.
3. Restate Construction, LLC v. American Foundation Corporation and City of Miami Beach, Case No. 2017-026923 CA01 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this Complaint on December 12, 2017 alleging that the City was negligent by failing to mark or failing to adequately mark City owned utility lines in accordance with Florida Statute 556 (Underground Facility Damage Prevention and Safety) at a private construction project located at 1024 Michigan Ave, Miami Beach, FL 33133. The Plaintiff, Restate Construction, LLC, is the general contractor on the project and is alleging that the City’s failure to mark, or adequately mark, the utility lines caused or contributed to the Plaintiff’s subcontractor hitting the City owned utility during construction. The Plaintiff’s subcontractor, American Foundation Corporation, is a Co-defendant in the lawsuit. We are in the process of working with the various departments involved to assess the veracity of the Plaintiff’s claims and will file our response and propound discovery to the Plaintiff and Co-defendant.
4. Ava Rado Harte v. City of Miami Beach, Case No. 2017-206311 CA01 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County).
The City was served with this complaint on December 19, 2017 alleging that on November 30, 2013, Plaintiff, Ava Rado Harte, was injured while walking north on the east sidewalk of West Avenue approximately 30 feet south of 15th Street in Miami Beach. She maintains that there was a portion of the sidewalk was not in proper repair and rose nearly ½ - ¾ of an inch compared to the next section of the sidewalk. We shall file our answer and propound discovery to the plaintiff.
5. Vanderbuilt Mortgage and Finance, Inc. vs Liliana Santana, a/k/a/ Liliana Herrera, et al., Case No. 17-24098 CA 10 (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 528 Meridian Avenue, Unit 405, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on December 22, 2017.
The City’s Answer and Affirmative Defense was filed on January 3, 2018.
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