Laserfiche WebLink
9-10 <br />Amount: More than $25,000; exact amount not known <br />Agencies Involved: 11th Judicial Circuit Court in and for Miami-Dade County, 175 NW 1st Avenue, Miami, FL 33128; City of <br />Miami Beach <br />Disposition of Case: Pending <br />Opposing Counsel: Hyram M. Montero, P.A., hmontero@monterolaw.com, 954.767.6500 <br />In Nazario v. M. Vila, City of Miami Beach, Metro Express, and CMA; Case Number 2013-025280-CA-01, CMA was similarly <br />sued despite having no contractual responsibility with respect to the alleged defective work. This negligence action <br />arose out of the death of a passenger on a motorcycle that is alleged to have hit a sanitary sewer manhole located <br />within the City of Miami Beach. CMA had no responsibility whatsoever relating to sanitary sewer placement or <br />construction. CMA designed the water main and stormwater system and contracted to provide part-time RPR services <br />with respect to the work CMA designed. The sanitary sewer was designed by the City of Miami Beach and installed by <br />the city’s contractor. The City of Miami Beach hired another consultant to oversee and inspect the sanitary sewer work. <br />The plaintiff further alleged that CMA was negligent in the design, oversight and implementation of maintenance of <br />traffi c (“MOT”), notwithstanding the fact that CMA had no responsibility with respect to MOT. The city’s contractor had <br />design and implementation responsibility and the review, approval and oversight of MOT was the responsibility of the <br />City of Miami Beach. Notwithstanding this, CMA has been included as a defendant. This case is still pending, but CMA <br />believes the court will ultimately fi nd that it was not a responsible party. <br />Case No: 16-011970 CA-01 <br />Case Name: Valentino Castro v. M. Vila Associates and Chen Moore & Associates <br />Date Filed: May 11, 2016 <br />Type of Case: Civil <br />Claim or Cause of Action: Chen Moore and Associates is a co-defendant in a wrongful death action with one count of <br />negligence <br />Brief Description: The complaint asserts that, during a streetscaping project, the complainant was ejected from a <br />motorcycle while driving through a construction zone <br />Amount: More than $25,000; exact amount not known <br />Agencies Involved: 11th Judicial Circuit Court in and for Miami-Dade County, 175 NW 1st Avenue, Miami, FL 33128; City of <br />Miami Beach <br />Disposition of Case: Pending <br />Opposing Counsel: Hugo V. Alvarez, P.A., halvarez@alvarezbarbara.com, 305.263.7700 <br />Similar to the Nazario Case, in Castro v. M. Vila, City of Miami Beach, Metro Express, and CMA; Case Number 2016-011970- <br />CA-01, CMA was similarly sued despite having no contractual responsibility with respect to the alleged defective work. <br />This negligence action arose out of the death of a passenger on a motorcycle that is alleged to have hit a sanitary sewer <br />manhole located within the City of Miami Beach. CMA had no responsibility whatsoever relating to sanitary sewer <br />placement or construction. CMA designed the water main and stormwater system and contracted to provide part-time <br />RPR services with respect to the work CMA designed. The sanitary sewer was designed by the City of Miami Beach <br />and installed by the city’s contractor. The City of Miami Beach hired another consultant to oversee and inspect the <br />sanitary sewer work. The plaintiff further alleged that CMA was negligent in the design, oversight and implementation <br />of maintenance of traffi c (“MOT”), notwithstanding the fact that CMA had no responsibility with respect to MOT. The <br />city’s contractor had design and implementation responsibility and the review, approval and oversight of MOT was the <br />responsibility of the City of Miami Beach. Notwithstanding this, CMA has been included as a defendant. This case is also <br />still pending, but CMA believes the court will ultimately fi nd that it was not a responsible party.