title
PAUL G. RIEWALD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BRIAN D. RIEWALD, DECEASED, V. THE CITY OF GAINESVILLE, ALICE E. ALEXANDER, AS TRUSTEE FOR THE ALICE ALEXANDER LIVING TRUST, AND JOHN MERRILL, INC. ALACHUA COUNTY CIRCUIT CASE NO.: 01-03-CA-1521 (B)
recommendation
The City Commission 1) approve the terms of the settlement; and 2) authorize the City Attorney to settle the claim of Riewald v. City of Gainesville; Alachua County Circuit Case No. 01-03-CA-1521 on behalf of the City.
explanation
On October 14, 2001, Brian D. Riewald, while riding a bicycle, was involved in an accident with a motor vehicle operated by Robert Jeffrey Longo. The accident occurred at the intersection of NW 5th Avenue and NW 36th Street in Gainesville, Florida. At the time of the accident, Mr. Longo was driving southbound on NW 36th Street, and Mr. Riewald was traveling westbound on NW 5th Avenue. As a result of the collision, Brian D. Riewald suffered severe injuries and was transported to North Florida Regional Medical Center, where he subsequently died on October 15, 2001.
Mr. Riewald's father, acting as personal representative of the estate, filed suit on behalf of the estate. Pursuant to Florida's Wrongful Death Act, the suit alleged damages including medical and funeral expenses, lost present value of the net accumulation of the decedent's future estate, and pain and suffering experienced by the parents. The suit alleged 1) that trees located in the City right-of-way at that intersection violated the City's vision triangle ordinance and obstructed sight lines at the intersection, 2) that the City negligently failed to enforce the City's vision triangle ordinance thus allowing trees and shrubbery located on the adjacent property to obstruct sight lines at the intersection, and 3) that the design and operation of NW 36th Street were dangerous and confusing.
The City has maintained that the accident occurred due to the failure of Mr. Riewald and Mr. Longo to obey traffic laws. Mr. Longo admittedly was driving in the middle of the road, and evidence supports an argument that Mr. Riewald did not come to a complete stop at the stop sign immediately prior to the accident. At trial, the burden would be on the Plaintiff to prove negligence on the part of the City. Due to the nature of the claims presented, the City would be entitled to the protection of the sovereign immunity statute, and subject to maximum liability limits of $200,000.00.
At the time of the accident, Mr. Riewald was a 27-year-old doctoral student studying zoology at the University of Florida. He was awarded his doctoral degree posthumously. Mr. Riewald was unmarried and had no children.
The estate's attorney and representatives for the City have negotiated a settlement at Court-ordered mediation in the amount of $50,000.00. The settlement also includes alteration to traffic signage and roadway markings at and near the subject intersection. It is the recommendation of the City Attorney's Office and the Risk Management Department that the case be settled for that amount.