City of Lake Worth Litigated Matters

Revised 10/22/2015

Case Name

Case No.

Opposing
Attorney

City of Lake Worth 502006CA0076 John Jorgensen

v. C & E Holding of 24XXXXMB;
Palm Beach County 4th DCA Case
No: 4D15-230

City's
Attorney

Ins.
Coverage

Christy Goddeau No Ins.

Coverage

Basic Facts
City filed action to foreclose code enforcement liens;
case was dismissed for improper affidavits on a
released lien. Dismissal did not require remaining liens
to be released. In 2014, C&E filed a motion to release
the liens. Court ordered that all liens sought to be
foreclosed were extinguished. The City appealed and
briefs are filed. No opinion issued yet.

Clear Channel
502011CA0057 E. Adam Webb, Esq. Glen Torcivia
Outdoor, Inc. v CLW 26XXXXMB

No Ins.
Coverage

Declaratory judgmt arising from a settlmt agrmt re: FL

Outdoor displaying billboard at 1802 Fourth Ave
North. Parties signed a Settlement Agreement and a
Relocation and Reconstruction Agreement. Case
stayed and will be dismissed within five business days
of the upgraded billboard becoming fully operational.

Dicky Theron
Thomas v. City of
Lake Worth

Douglas Kress

Insurance
Coverage

Ben Bedard

Insurance
Coverage

502014CA0122 Susanna M. Lehman Brian Shutt

50XXXXMB

No Ins.
Coverage

Plaintiff filed an action for injunctive relief alleging

that City's Sex Offender residence restriction
ordinance conflicts with Florida Statutes. A motion to
dismiss was filed on behalf of the City.
Plaintiff filed lawsuit on September 1, 2015 claiming
negligence against the City for alleged injuries he
sustained while working on repairs to the Public
Services building.
Plaintiff filed an action for declaratory and injunctive
relief to prevent the City from enforcing its sexual
offenders ordinance. Answers have been filed. Status
conference scheduled for November 25, 2015.

502015CA0080 Dicky Theron

42XXXXMB
Thomas

James Alex Caldwell 502015CA0099 Eiman Sharmin

v. City of Lake
77XXXXMB
Worth
Julian Dennis
Godwin v. City of
Lake Worth

City of Lake Worth Litigated Matters

Revised 10/8/2015

Opposing
Attorney

City's
Attorney

Lake Osborne
502014CA0081 Arthur C. Koski
Waterworks v. CLW 37XXXXMB

Doug Manson

No Ins.
Coverage

Lawsuit seeks declaratory relief regarding the City's

agreement to sell bulk water Plaintiff. Plaintiff seeks
the court to declare the fees, rates and charges in
violation of law and to award damages for all
overcharges dating back to 2008, in addition to fees
and costs. Mediation is set for November 2, 2015.

Ramon Torres and

502015CA0102 Alan C. Kauffman
Elyssa Torres v. City 63XXXXMB
of Lake Worth

Ben Bedard

Insurance
Coverage

Plaintiff filed lawsuit on September 10, 2015 claiming

negligence against the City for alleged injuries he
sustained in an auto accident with City vehicle.

Shepherd, Nancy

Christy Goddeau No Ins.

Coverage

Road right of way dispute. City filed an answer and

responded to discovery. No action in case since
October of 2013.
FLUEDRA Dispute. City has held several mediations
and the City and property owner continue to discuss
the dispute.

Case Name

Sunset Drive v City

of Lake Worth
Townhomes of
Pineapple Ridge v.
CLW

Case No.

502009CA0379 Eubanks, John R.,

75XXXXMB
Esq.
John Little

502008CA0115 Peter Weintraub &

66XXXXMB
John Jorgensen

Ins.
Coverage

Glen J. Torcivia No Ins.

Coverage
Christy Goddeau No Ins.
Coverage

Basic Facts

Action for Declaratory Relief regarding champion tree.

The City has successfully defended Plaintiffs motion
for summary judgment to find ordinances
unconstitutional. Settlement agreement April 8, 2015.
Parties are in process of amending the agreement and
creating a conservation easement area to preserve the
champion tree. Case is stayed.

City of Lake Worth Litigated Matters

Revised 10/8/2015

Case Name
Townhomes of
Pineapple Ridge v.
CLW

Case No.

Opposing
Attorney

Ins.
Coverage

Basic Facts

Christy Goddeau No Ins.

Coverage

Bert J. Harris Act lawsuit regarding champion tree.

City filed motion for summary judgment and the
parties entered a settlement agreement on April 8,
2015, Parties are in process of amending the
agreement and creating a conservation easement to
preserve the champion tree. Case is stayed.

Viera, Joseph v City 502010CA0006 Louis Pferrer

of Lake Worth
06XXXXMB

Glen J. Torcivia No Ins.

Coverage

Westfield v. City of
Lake Worth

Christy Goddeau No Ins.

Coverage

A former police officer for the City (who received

Workers Compensation settlement) claimed that the
City is required to provide him and his family with
health insurance coverage as provided in Florida
Statutes. Mediation was unsuccessful and case is
ongoing.
This action arises out of an electric utility lien on real
property. The Plaintiff is attempting to have the City's
lien extinguished. The City's answer is due October
22, 2015.

Alfonos v.
Delmastro, et al

502012CA0032 Peter Weintraub &

00XXXXMB
John Jorgensen

City's
Attorney

502015CA0050 Michael Farrar

26XXXXMB

5022012CA020 Alberto Matta,

645XXXXMB Esquire

Recently Closed Cases

Ben Bedard

Ins. Coverage

Motor vehicle negligence - On April 11, 2014, the

court heard the City's Motion to Dismiss and granted
it. The Plaintiff then voluntarily dismissed the case.

City of Lake Worth Litigated Matters

Revised 10/8/2015

Case Name

Case No.

Opposing
Attorney

City's
Attorney

Ins.
Coverage

Basic Facts

CLW v Board of
Trustees/Fire
Pension, et al.

502010CA0186 Robert Klausner and Andrew

No Ins.
32XXXXMB
Adam Levinson
Baumann & Jim Coverage
Linn

Pension. City initiated case which proceeded to

mediation. The case settled at medation on January 29,
2014. Notice of Voluntary Dismissal was entered
September 10, 2014.

Hayes-Tomanek,
LaSonna D.

502012CA0082 Jeffrey M. Siskind,

64XXXXMB
Esq.

Christy
Goddeau/Glen
Torcivia

Bert J. Harris claim. City filed a motion to dismiss

and motion for attorney's fees in September 2012.
Case dismissed by judge for lack of prosecution
November 20, 2014.

Laurel Decker v
CLW

502013CA0124 Ralf Brookes

20XXXXMB

Christy Goddeau No Ins.

Coverage

Muller v CLW

12-80089-CIV- Yarnell, Bryan J.,

MARRA
PLLC

Jeff Hochman,
Esq. / Johnson
Anselmo et al

Murray v. City of
Lake Worth

502011CA0054 Carlos Bodden,

Emanuel
09XXXXMB/4 Esquire Appeal Galimidi
D13-3958
Robin Bresky,
Esquire and Jonathan
Mann, Esquire

No Ins.
Coverage

No Ins.
Coverage

Ins. Coverage

Plaintiff filed writ of manadamus compelling the City

to transmit the complete text of the City Charter as
amended by the voters. City filed motion to dismiss
which was heard on March 28, 2014. Plaintiff
voluntarily dismissed three days later.
Complaint challenges PBSO, City and named City
official and officers'enforcement of the City hours of
sale of alcohol ordinance.On December 20, 2012, the
City' filed a motion to dismiss. Case was dismissed
without prejudice on November 18, 2013.
Motor vehicle accident due to inaopperable traffic
light. City's motion for summary judgement was
granted on September 26, 2013. Plaintiff appealed and
on March 26, 2015, the appellate court affirmed the
trial court's decision.

City of Lake Worth Litigated Matters

Revised 10/8/2015

Case Name

Case No.

Opposing
Attorney

Street Outdoor, LLC 502011CA0066 Peter M. Feaman,

fka City Colutions, 49XXXXMB
Esq.
Inc.

City's
Attorney

Ins.
Coverage

Glen Torcivia

No Ins.
Coverage

Basic Facts
Contract breach/dispute. This matter was settled at
mediation on August 25, 2014. The Plaintiff filed a
voluntary dismissal on December 4, 2014.