- December 16, 2025
City Commissioners approved a settlement in a slip and fall case at their Feb. 17 meeting, but it was a 3 to 2 vote after a debate on whether the city should settle similar cases or go to court.
The city’s legal staff had reached a settlement amount of $30,000 in mediation, and recommended it to the commission.
The case involved a then 63-year-old woman who in 2010 was walking on the wooden pier on the west side of the Granada Bridge and allegedly slipped on a “black gooey area” consisting of “bird droppings, algae and fish scale.” Her claim said she sustained a left wrist injury which required surgery and physical therapy, incurring approximately $33,388 in medical expenses.
The claim says she still has pins in her hand and has lost dexterity. She ought recovery for economic losses, pain and suffering, and emotional distress.
The liability issues for a jury to consider at trial would be whether or not the city failed to exercise reasonable care to maintain the premises in a reasonably safe condition.
In December, the commission approved a settlement in the amount of $37,000 in a lawsuit that involved a fall on Seville Street when a woman allegedly tripped on pothole.
Florida Statutes limit the city’s damages to $100,000 to any one person, which is the amount demanded in both cases.
Before the vote on Feb. 17, Mayor Kelley questioned the settlement. He said people should accept responsibility for their own actions. The person had been going to the pier for four years, and should have known it was wet.
“When are we going to stand up and fight someone?” he continued. “I’m very sorry that the person is hurt. I do not believe there is any way we can make sure there is no water or slippery things on that dock.”
He said perhaps the city should take a stand of not settling and send a message to those in the future.
Commissioner Troy Kent supported the mayor.
“How many times have you heard me say the exact same thing?” he asked.
City Randy Hayes said the legal staff would prepare the case for trial if that is what the commission desired, but said the amount is worth considering.
“It’s the upper limit of what we’d be comfortable with,” he said.
He said the expenses incurred by the plaintiff often drive the amount of the settlement.
Kelley said he once hired a lawyer to fight a speeding ticket in California because he was not guilty and won.
“I’d rather spend $500 and win if I’m right than pay $150 for a ticket I didn’t deserve,” he said. “But that’s just me.”
Commissioner Rick Boehm said he was involved in that type of litigation for 34 years before he retired as an attorney.
He told the mayor that as a matter of policy, he had an excellent argument, but he pointed out that Florida is a comparative negligence state. He said the jury can decide how much each party is at fault and award damages accordingly.
For example, if the damages are $75,000, and the jury decides both are at fault, the plaintiff could be awarded half, or $37,500.
He said the jury could feel sympathetic toward the plaintiff and decide to “give her something.” Also, he said, if the jury didn’t like the city’s presentation, they could award as much as 100 percent of the claim.
He pointed out after that the plaintiff pays the lawyer, and any health insurance lien, they will not receive much money. There is a $10,000 health insurance lien on the settlement.
Mayor Kelley said he had made his point.
“I don’t think it’s fair and right that people have a slip and fall in an area where they travel and you the citizens have to pay for it,” he said to the audience.
The commission then voted to approve the settlement, with Kelley and Kent voting no.
