HomeMy WebLinkAboutItem #38 - Discussion ItemCITY OF MIAMI, FLORIDA
`-
A=
INTER -OFFICE MEMORANDUM
so
.d
_4
TO. Honorable Mayor and DATE: July 24, 1986
FILE:
Members of the City Commission'
SUBJECT: Recent legislative
enactments
`
affecting City
litigation
R
FROM Lucian A. Dougherty REFERENCES:
City Attorney
ENCLOSURES:
The 1986 Florida Legislature enacted the following
statutes
e
which impact on the defense of lawsuits filed against
the City
for damages either in tort or in contract.
Chapter 768, Florida Statute has been augmented by the
creation
of Part III thereunder, consisting of Sections 768.71
- 768.81.
These statutes are subordinate and supplementary
to other
statutory provisions which may be applicable. These
statutes
take effect on July 1, 1986 and are only applicable to causes of
action that accrue thereafter. Sections not included
below are
not applicable to the City.
768.74 Remittitur and additur.
"
This section
sets forth criteria
for the court to
consider when
deciding whether to reduce
or increase a
"<
verdict. Specifically, it states a
clear legislative
-:
intent to vest the trial courts with
the discretionary
authority to
review the amounts of
damages awarded by
the trier
of facts in light of
a standard of
excessiveness
or inadequacy.
768.75 optional settlement conference in certain tort
actions.
The court may require a settlement conference to be
held at least 3 weeks before the date set for trial.
768.76 Collateral sources of indemnity.
This section provides for reduction of awards by
collateral sourcest clearly excepting reductions for
collateral sources for which a subrogation right
exists. It also requires the plaintiff's attorneys
fees to be based on the net amount of the award after
adjustment for collateral sources. In our case,
plaintiffs attorneys fee would be 25% of such net
amount.
.17/SC vSS/'p Al
Honorable Mayor and
Members of the City Commission
July 24, 1986
Page 2
768.77 Itemized verdict.
This section requires an itemized verdict form which
distinguishes between economic and noneconomic losses
as well as past and future damages. Economic future
damage must be reduced to present value.
768.78 Alternative methods of payment of damage awards.
This section provides that in actions for personal
injury or wrongful death, special damages (economic
losses) exceeding $250,000 must be paid according to a
structured payment schedule (periodic payments). If an
award of future damages has been structured and the
claimant dies prior to the last payment, the lump sum
payment to his estate of any remaining liability would
be required to be reduced to present value.
Since the provisions of this section establish an
amount greater than our statutory cap, the City of
Miami is not directly affected by this section.
768.79 Offer of judgment and demand for judgment.
This section provides for attorneys fees and costs to
be awarded against a party who does not improve upon an
y offer of judgment by at least 25%. This requires the
City to adopt a policy of filing an offer if judgment
prior to each case going to trial.
768.80 Determination of noneconomic damages.
This section limits awards for pain and suffering to no
more than $450,000 per person. This provision applies
to all causes of action filed on or after July 1, 1986.
Even though the statutory cap of $100,000 per person
still applies to the City, plaintiffs may obtain the
maximum as provided for in this seciton and then file a
Claims Bill in the Legislature for the difference.
�'
"""74 "
F3
h�
Honorable Mayor and July 24, 1986
Members of the City Commission Page 3
768.81 Comparative fault.
This section provides that the doctrine of joint and
several liability shall remain in effect for all cases
in which the total amount of damages does not exceed
twenty-five thousand dollars. For those exceeding this
amount, the doctrine is repealed for general or
noneconomic damages. The doctrine is also repealed for
All,
special or economic damages with respect to a
particular defendant if the plaintiff is more at fault
than the defendant. The doctrine's repeal does not
apply to an action to recover actual economic damages
based on pollution, intentional torts, legal actions,
land or security fraud actions or actions based on
anti-trust violations.
794/LAD/JLF/gfa