HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: Julie O. Bru, City Attorney
DATE: January 12, 2012
RE: Proposed Settlement for City$ommission — January 26, 2012
Contender Fishing Team, LAC, as Owner of the Vessel FL3021NR
for Exoneration from or Li . itation of Liability,
;r
United States District Court, Case No.: 08-22268-Civ-Hoeveler
Richard S. Sol vs. City of Miami, et al.,
United States District Court, Case No.: 08-22498-Civ-Hoeveler
(File No. 12-00031 a)
Honorable Mayor and Members of the City Commission
The attached proposed Resolution seeks authorization for the settlement of all claims
asserted by the Petitioner/Plaintiffs against the City, and all claims asserted by the City against
the Petitoner/Plaintiffs in both of the above -referenced consolidated lawsuits, in the amount of
$425,000.
Two (2) lawsuits were filed concerning the vessel collision in Biscayne Bay on February
15, 2008, at approximately 7:21 p.m., between a 2006 27' Miami Police Department Safeboat,
operated by Officer Jose Estevez ("Off. Estevez"), and a 2004 33' Contender recreational vessel,
FL3021NR, owned by Contender Fishing Team, LLC. ("Contender"), and operated by Cory G.
Fritzler ("Fritzler"). The Contender vessel was a constructive total loss (with a pre -accident
value of $102,000), and Richard S. Sol ("Sol"), a passenger aboard the Contender, was injured.
Fireman's Fund Insurance Company ("FFIC") insured the Contender vessel for Protection and
Indemnity (liability) and for Hull (damage to the Contender). FFIC paid Contender for the loss
of the Contender vessel, and settled the personal injury claim of Sol in the amount of
$1,850,000.00. FFIC, Contender and Fritzler, then sought contribution and indemnity from the
City and from Off. Estevez. The City asserted a claim against Contender, and against Fritzler,
for the damage to the IvIPD Safeboat. The cost of repair of the Safeboat was estimated at
approximately $75,000, excluding transportation to and from the manufacturer, Safeboat, in
Seattle, WA. The vessel has not been repaired since the accident and remains on a trailer at the
Marine Patrol Station on Watson Island. The Court granted Off. Estevezqualified immunity
under the general maritime law, which could .be appealed. The Court also dismissed the
indemnity claim asserted against the City by FFIC, Contender and Fritzler, which could also be
appealed. Both Contender and the City, as the owners of their respective vessels, sought
limitation ,of liability under_the _general maritime law, which would likely not be decided until
after trial. 'This settlement resolves all claims between the parties with .the_payment by the City
of $425,000 to FFIC.
Funds in the amount of $425,000 will be allocated from Account No.
05002.301001.545000.0000.00000.
Hon. Mayor & Members of the City Commission
January 12, 2012
Page 2
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Attachment(s)
c. Johnny Martinez, City Manager
Elvi Gallastegui, Agenda Coordinator
299786