title
DUVAL AUTOMOTIVE GAINESVILLE, LLC D/B/A MERCEDES-BENZ OF GAINESVILLE VS. CITY OF GAINESVILLE; EIGHTH JUDICIAL CIRCUIT, CASE NO. 01-2015-CA-3947 (B)
recommendation
The City Commission authorize the City Attorney to represent the City in the case styled Duval Automotive Gainesville, LLC d/b/a Mercedes-Benz of Gainesville vs. City of Gainesville; Eighth Judicial Circuit, Case No. 2015-CA-3947.
explanation
On March 27, 2015, Lanard Isaac sued Duval Automotive Gainesville, LLC d/b/a Mercedes-Benz of Gainesville for breach of contract in case no. 01-2015-CA-1159 in Florida's Eighth Judicial Circuit. Mr. Isaac claimed that on November 8, 2014, he was a participant in a golf tournament hosted by the Twenty Pearls Foundation, Inc. that was held at Ironwood Golf Course. The golf tournament featured various "prize holes", including a hole-in-one hole in which a golfer could win a Mercedes-Benz CLA 250 courtesy of Duval Automotive Gainesville, LLC. Mr. Isaac hit a hole-in-one on hole 6, and sought to claim the prize. Duval Automotive, however, refused to award the car, arguing that its sponsored hole should have been set up at hole 4 rather than hole 6, and that it only procured insurance for a hole-in-one prize at hole 4.
On July 8, 2015, in the aforementioned lawsuit, Duval Automotive filed a third-party Complaint against the City of Gainesville seeking indemnification for any damages incurred by Mr. Isaac. In short, Duval Automotive argued that a City employee placed the car and sponsorship sign at hole 6 rather than hole 4, and, if they owe anything to Mr. Isaac, then the City should have to reimburse Duval Automotive. The City moved to dismiss Duval Automotive's claim against the City arguing that it was completely without merit in law or fact, and scheduled the motion for hearing before the Circuit Court on September 17, 2015. Subsequently, Duval Automotive settled Mr. Isaac's claim with the payment of $23,950.00. On September 16, 2015, Duval Automotive voluntarily dismissed its lawsuit against the City, and thus avoided a hearing on the City's Motion to Dismiss.
On November 23, 2015, the City was served with a Summons and Complaint filed by Duval Automotive Gainesville, LLC d/b/a Mercedes-Benz of Gainesville in the above-referenced lawsuit. Duval Automotive is again seeking indemnification, and attempting to state a cause of action for negligence arising from the same hole-in-one controversy. Once again, Duval Automotive has asserted this lawsuit against the City despite the fact that the City did not enter into any contract with Duval Automotive, Duval Automotive's insurance carrier, or Mr. Isaac. At no time did the City undertake any obligations, contractual or otherwise, to ensure that Duval Automotive's prize hole was set up in accordance with Duval Automotive's insurance coverage. Duval Automotive is seeking money damages in excess of $15,000.00, the jurisdictional threshold of the Circuit Court.