Settlement to employee who fell to his death

The East Central Regional Water Reclamation Facility (ECRWRF) is funded and governed by a board comprised of the representatives of the entities served by that facility, namely: the City of West Palm Beach, the City of Lake Worth, the City of Riviera Beach, the Town of Palm Beach, and Palm Beach County.

Essentially the settlement below involves an employee of the ECR, Stephen P. Padilla, who fell to his death when a grate collapsed. Padilla's body was found in a pipe nearly 18 hours after he plummeted into an open tank of sewage. The entire settlement amount is stated below...a small price to pay for a man's life. We, and every member of the ECR, got off easy.

Directly from the back-up on tonight's commission meeting:
CONSENT AGENDA 9.C

BACKGROUND AND JUSTIFICATION: Stephen P. Padilla, as Personal representative of the Estate of Hermino Padilla, Jr., Decedent, brought suit against the City of West Palm Beach, Palm Beach County, City of Lake Worth, City of Riviera Beach, and Town of Palm Beach.

 Mr. Padilla, as the Plaintiff, alleged that his father, Herminio Padilla, Jr., was killed while performing his job duties at the ECR. Mr. Padilla was employed by the City of West Palm Beach as wastewater operator at the ECR and fell to his death after a catwalk collapsed and he fell into the tank below. Plaintiff alleged the City of Lake Worth, along with the other members of the ECR (the “Defendants”), were responsible under Florida’s Wrongful Death Act.

Mediation occurred on October 17, 2018. The City Manager attended with legal counsel, Lyman Reynolds and Carolyn Ansay. The parties agreed to a settlement, contingent on each Defendant’s governing board approval, with a total payment of $300,000. The City of Lake Worth’s share of the settlement amount is $68,181. Additionally, the Defendants agreed to support a claims bill for an additional $100,000. If passed by the Legislature, the City’s share of this additional amount will be $11,363.50.

 Additionally, the City of West Palm Beach will recommend a bench memorializing Mr. Padilla and renaming a road at the ECR in his name. In the settlement, no party admits any liability and agreed to this compromise of disputed claims to avoid the costs and uncertainty of litigation. Each party will bear its own attorney fees and costs in connection with this settlement and enforcement of the terms of the settlement agreement. While not named in the litigation, the Plaintiff will also waive any claims against the ECR Board.