Agenda Item 9AAGENDA ITEM # 9A
DECEMBER 12, 2011
12, 2011
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: ianso
City Manager
SUBJECT: City Manag is Report
Receipt of Notice to Sue; The City has received notice from the representative for Dean Anderson of
their intent to file a suit resulting from an injury sustained at the City's Dog Park when Mr. Anderson
waded into the retention pond barefoot and cut his foot on the side of a drainage structure. A copy of the
notice dated November 29, 2011 is attached for your information.
There is no need for the Commission to take action on this item. The City has insurance for this type of
litigation and this notice has been turned over to our insurance carrier for handling.
Alcohol Deployment The Police Department conducted the most recent alcohol deployment on
Thursday, December I". Twenty -four locations were checked including the last four that had violations.
The underage informant was not able to purchase alcohol at any of the 24 locations checked.
The Law Office of
NOONEY & ROBERTS
NICOLE FEINBERG
CHRISTOPHER W. HEWETT
J. SCOTT NOONEY
KRISTOPHER NOWICKI
MICHAEL K. ROBERTS
CATHERYN A. SANDLER
November 29, 2011
Florida Department of Financial Services
Division of Risk Management
200 East Gaines Street
Tallahassee, Florida 32399 -0336
City of Atlantic Beach
Office of General Counsel
800 Seminole Road
Atlantic Beach, FL 32233
Re: Notice of Claim
AGENDA ITEM # 9A
DECEMBER 12, 2011
1680 Emerson Street
Jacksonville, FL 32207
904-398 telephone
904-858 facsimile
CERTIFIED MAIL -
7011- 1570- 0001 - 2386 -7562
CL,RTiF IED MAIL - RRR
7011 -1570- 0001 - 2386 -7579
Our Client: Dean Anderson
Date of Accident: September 5, 2011
Place of Accident: Atlantic Beach Dog Park, Aquatic Drive, Atlantic Beach, Duval
County, Florida
Dear Sir /Madam:
Pursuant to Title 45, Chapter 768, Section 28, please consider this letter as formal notice that
the above referenced client intends to pursue a claim for personal injuries suffered as a result of the
negligence of state agents acting within the scope of employment as state agents.
Pursuant to Fla. Stat. § 768.28(6)(c), the claimant's date of birth is the
claimant's place of birth is Miami, Florida, and the claimant's social security number. is.
Except as listed below, after a reasonable inquiry,. ciaimant is not aware of any unpaid
adjudicated penalties, fines, fees, victim restitution fund debts, or other judgments in excess of
$200.00, which are owed by the claimant to the state, its agency, officer or subdivision. Claimant
is aware of no unpaid adjudicated judgments owed by the claimant to the state.
On September 5, 2011, the claimant was playing with his dog at the dog park when he
stepped on the edge of what looked like a shallow puddle on the premises, but ended up falling into
a deep hole.
AGENDA ITEM # 9A
DECEMBER 12, 2011
Please direct all further correspondence concerning this claim to my office. If this notice is
in any way inadequate or defective, please advise me immediately. I appreciate your assistance in
this matter.
SPOILATION
This letter will also serve as our formal request that you preserve any and all documentation
and physical evidence related to the above referenced incident. Please forward copies of all relevant
evidence, including any documents, accident or incident reports, photographs of the scene of the
incident, and video footage of the incident. If there is a copying charge associated with production
of these items, please forward an invoice our office at your earliest convenience.
Sincerely..
CHRISTOPHER W. HEWETT, ESQ
CWH:rac
Notice of Claim, Page 2 of 2