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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