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North Miami Beach commission approves $200,000 settlement in Carl J. Anderson lawsuit
Summary
The North Miami Beach City Commission voted 6-0 on July 24 to approve a $200,000 settlement in the case of Carl J. Anderson v. City of North Miami Beach, following a recommendation from outside and city counsel and with insurer contribution to lessen the city—s out-of-pocket exposure.
The North Miami Beach City Commission voted 6-0 on July 24 to approve a $200,000 settlement in the federal lawsuit filed by Carl J. Anderson against the city (Case No. 1.24-CV-24949, U.S. District Court for the Southern District of Florida). The vote concluded a brief special meeting at North Miami Beach City Hall.
City Attorney Geller told commissioners that outside counsel provided by the city—s insurer, "Mr. Kress," recommended the settlement and that the insurer "stepped up" to cover most of the exposure. Geller said the insurer identified a gap of "$50 or $60,000" beyond the carrier—s payment and that resolving the case economically made sense because the city would otherwise exhaust its deductible or retention. "We recommend that the settlement is much more reasonable than we were led to expect," Geller said.
The draft settlement agreement was prepared by Mr. Kress and revised after consultation with the city—s counsel Aman Johnson, Geller said. He told the commission that a previously discussed nondisparagement provision had been resolved favorably and that plaintiff—s counsel agreed to the additional language. Geller characterized the case as "defensible" on liability but said the settlement recommendation was supported by counsel and the insurer.
Commissioner Sue moved to accept outside counsel—s recommendation to settle the case for $200,000 on the terms outlined in the draft settlement agreement; Commissioner Smuckler seconded the motion. The clerk conducted a roll-call vote with the following recorded votes: Commissioner Floyman —4 yes; Commissioner Jean —4 yes; Commissioner Smuckler —4 yes; Commissioner Sue —4 yes; Vice Mayor Chernoff —4 yes; Mayor Michael Joseph —4 yes. The motion passed, 6-0.
Meeting remarks and the clerk—s comments identified the case as pending in the United States District Court for the Southern District of Florida under Case No. 1.24-CV-24949. The commission did not discuss other terms of the settlement in detail on the public record beyond the amount, the resolution of the nondisparagement language, and the insurer—s involvement.
After the vote the commission moved to adjourn.
The action resolves the matter before the federal court for the Southern District of Florida; the transcript does not specify any future reporting or implementation steps for the settlement beyond approval of the agreement.
