City Attorney Tammi Bach

Provided by Tammi Bach
Fernandina Beach City Attorney
April 1, 2022

 CASE NAME: John Angus & Loretta Angus v. Newventure of Jacksonville, Inc. d/b/a High Tech Commercial Cleaning, City of Fernandina Beach, Fernandina Beach Golf Club, and Billy Casper Golf, LLC. (Case No. 16-2017-CA-7406 – Nassau County Circuit Court)

DATE FILED: December 4, 2017
CASE SUMMARY: On December 5, 2013, plaintiff John Angus was allegedly injured when he slipped and fell in the men’s restroom of the Fernandina Beach Golf Club. CASE STATUS AS OF: April 1, 2022

Attorney for the City’s defense is Carr Allison. The City’s defense attorneys have filed a Motion to Dismiss because the City was not served until October 17, 2018, more than 120 days after filing the complaint (Florida Rule 1.070(j)). Unfortunately, the Motion to Dismiss was denied on March 5, 2019. City’s defense attorneys filed an Answer and Affirmative Defenses. Discovery is ongoing. The plaintiff was scheduled to be deposed in September 2020, but it was postponed due to COVID- 19 concerns (the plaintiff and counsel did not want to appear virtually). Plaintiff depositions were scheduled for August 6, 2021 but postponed due to the pandemic.

CITY COSTS: PGCS $0 deductible

 

2.  CASE NAME: Susan M. Jakuszewski v. City of Fernandina Beach et al.. (Case 2021-CA-000211– Nassau County Circuit Court)

DATE FILED: July 2, 2021

CASE SUMMARY: Plaintiff alleges that the City of Fernandina Beach had a duty to warn sunbathers of vehicular traffic at the Sadler Road public beach access. Plaintiff was run over by a Jeep driving on the beach sand at the Sadler Road public beach access. Plaintiff suffered injuries when she was run over by the Jeep while sunbathing.

CASE STATUS AS OF: April 1, 2022

Defense counsel for the City is Carr Allison. The Complaint was served to the City on August 23, 2021. The City’s defense counsel filed a motion to dismiss which was denied. Plaintiff is amending their complaint and discovery is ongoing.

CITY COSTS: PGCS $0 deductible.

 

3.  CASE NAME: Center Street Restaurant Group, Inc. et al. v. City of Fernandina Beach (Case 21-CA-0317 – Nassau County Circuit Court)

DATE FILED: November 10, 2021

CASE SUMMARY: The City Engineer received a report from Passero & Associates in June 2021 (engineers for City for shoreline stabilization project) that the substructure under Brett’s Waterway Café is unsafe and severely corroded. The property is owned by the City and leased to Center Street Restaurant Group, Inc. Brett’s Waterway Café is a sublessee of Center Street Restaurant Group, Inc. The City Engineer provided a notice of unsafe structure to the City itself as owner and Center Street Restaurant Group, Inc. (“CSRG”) as the lessee on July 1, 2021. CSRG had until September 2, 2021 to make repairs to decaying concrete pile caps or vacate the building. CSRG filed an administrative appeal of the City Engineer’s notice of unsafe structure with the City Board of Adjustment which was denied. CSRG then filed a Writ of Certiorari appealing the Board of Adjustment ruling and a Motion to Stay in order to keep the restaurant open.

CASE STATUS AS OF: April 1, 2022

CSRG filed a Writ of Certiorari on or about November 10, 2021 appealing the Board of Adjustment ruling and a Motion to Stay in order to keep the restaurant open. The Court granted the Motion to Stay and ordered the parties to do further diagnostic testing of the concrete pile caps to determine the extent of the corrosion. The City performed additional testing, and the report confirmed previous findings of deterioration and that Brett’s Restaurant should be closed to the public. Mediation was held on March 8, and the parties we unable to come to a resolution. The City filed a motion for reconsideration of the stay on March 29 contending that Brett’s Restaurant should be closed to the public.

CITY COSTS: PGCS $0 deductible.

 

4.  CASE NAME: Lorraine Hutchinson Sullivan, as administrator for the estate of Jarvis Sullivan v. Fernandina Beach et al. (Case 3-22-CV-00267 – US District Court)

DATE FILED: March 10, 2022

CASE SUMMARY: Ms. Sullivan seeks compensation on behalf of the estate of Jarvis Sullivan in a wrongful death lawsuit. Mr. Sullivan was killed in the course of a narcotics operation by a team led by the Nassau County Sheriff’s Office, which included members of the Fernandina Beach Police Department. The Chief of Police and a “John Doe” FBPD officer are also named as defendants along with the Nassau County Sheriff’s Office, the Sheriff, and an unnamed NCSO deputy.

CASE STATUS AS OF: April 1, 2022
Defense counsel for the City is Carr Allison. The City was served on March 24, 2022 and City’s defense counsel is preparing a response.

CITY COSTS: PGCS $0 deductible

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Joe Blanchard
Joe Blanchard (@guest_64514)
9 months ago

I notice that each of these costs to the city do not mention the attorney’s fees to date.

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