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R25-249 RESOLUTION NO. R25-249 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND 3 RELEASE OF CLAIM IN THE MATTER OF LAWRENCE MICHAEL 4 SHRAMKO V. CITY OF BOYNTON BEACH, ET AL, TOTALING $150,000; 5 AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 9 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 10 Commission by formal resolution; and 11 WHEREAS, Lawrence Michael Shramko ("Plaintiff") brought a claim stemming from an 12 incident that occurred on or about August 25, 2022; and 13 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $150,000 14 in exchange for a general release of all claims, which resolves all claims for damages between the 15 Plaintiff and Defendants, City of Boynton Beach and Officer Brittany Drury, as well as attorney's 16 fees and costs; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the city's citizens and residents to approve the Settlement Agreement and Full 19 and Final General Release of Claim in the matter of Lawrence Michael Shramko v. City of Boynton 20 Beach and Brittany Drury, totaling $150,000. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve the Settlement Agreement and Full and Final General Release of Claim in the matter of 27 Lawrence Michael Shramko v. City of Boynton Beach and Brittany Drury, totaling $150,000, in form 28 and substance similar to that attached as Exhibit A. 29 SECTION 3. This Resolution shall take effect in accordance with the law. 30 31 [SIGNATURES ON THE FOLLOWING PAGE] RESOLUTION NO. R25-249 32 PASSED AND ADOPTED this I day of S'fl-lerfl&ef— , 2025. • 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES - NO 35 Mayor— Rebecca Shelton 1/ 36 37 Vice Mayor—Woodrow L. Hay 38 39 Commissioner—Angela Cruz 40 41 Commissioner—Thomas Turkin 42 43 Commissioner—Aimee Kelley 44 45 VOTE 46 A ES : 47 1 I' Ii 48 ` _ 49 Maylee� J sus, MPA MC R ecca Shelton 50 City Clerkvv Mayor 51 52 gOYNTQ,' APPROVED AS TO FORM: 53 (Corporate Seal) /1` :. GORPORgj�.•6(C\ , 54 � SEAL .•_ , joina6 55 : INCORPORATED i 56 1920 / ? Shawna G. Lamb 57 �•••••• City Attorney Settlement Agreement Case Name: LAWRENCE MICHAEL SHRAMKO v.CITY OF BOYNTON BEACH and BRITTANY DRURY Case No.: 502024CA007636XXXMB Court: The Circuit Court of the Fifteenth Judicial Circuit,In and For Palm Beach County,Florida The Plaintiff, LAWRENCE MICHAEL SHRAMKO (hereinafter "Plaintiff'), and CITY OF BOYNTON BEACH(hereinafter"City")and BRITTANY DRURY(hereinafter"Drury"),have reached a settlement of all claims that Plaintiff may have against the City, and its respective officials, officers, employees, or agents, in their official or individual capacity, as well as against Drury. This settlement specifically includes,but is not limited to, all claims against the City and Drury in the above-styled action. The City agrees to pay the total amount of ONE HUNDRED AND FIFTY THOUSAND and 00/100 DOLLARS($150,000.00)to Plaintiff,LAWRENCE MICHAEL SHRAMKO. The parties to this agreement acknowledge that this settlement agreement is contingent upon further approval as set in City's Charter and Codes relative to the settlement of claims. In addition, the parties agree that "further approval" is contingent on, among other things, the total satisfaction of all conditions set forth herein to the satisfaction of the City and that the City will not seek the "further approval"until all conditions set forth herein are met to the City's satisfaction. Plaintiff agrees to accept said amount in complete and total settlement of all claims that Plaintiff may have against Drury and the City and its respective officials, officers, employees (both presently or previously employed)or agents,in their official or individual capacity,relating to any and all claims arising from an alleged accident that is the subject of the above-captioned action and which occurred on or about August 25,2022, in Boynton Beach,Palm Beach County, Florida. Plaintiff agrees to execute the General Release in the form prepared by the City releasing Drury and the City of Boynton Beach and its respective officials,officers,employees(both presently or previously employed), or agents, in their official or individual capacity, from any further liability, responsibility or obligation whatsoever, growing out of the matter at hand. The Plaintiff agrees to execute all Medicare status forms according to Section 111 of the Medicare,Medicaid, and SCHIP Extension Act of 2007; and or any Addendum to Settlement Agreement and General Releases with regard to Medicare's Interest that may be required by Rule of Law, if applicable. The Plaintiff further agrees to resolve all liens and outstanding obligations arising from the subject incident,whether medical or otherwise,with the proceeds of this conditional settlement agreement being held in escrow in the Plaintiff's attorneys'trust account until said liens and outstanding obligations have been satisfied or otherwise resolved. Plaintiff shall communicate to the City all amounts due to Medicare or Medicaid to resolve any lien,and the City will be LMS Shramko v. City of Boynton Beach Case No. 502024CA007636XXXXMB AJ Settlement Agreement Page 2 of 2 pay said amount directly to Medicare or Medicaid from the settlement proceeds, if applicable. Plaintiff further agrees that all liens(including, but not limited to,medical,workers' compensation or legal expenses or fees)that may exist relative to this matter will be resolved to the City's satisfaction as set forth above and and prior to the delivery of the settlement funds. Plaintiff agrees to protect the City from any liability arising from Plaintiff's failure to fulfill this material obligation. Dated this alit day of August,2025. OFFICE OF THE CITY ATTORNEY CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach,FL 33435 Telephone: (561) 742-6076 Email: laaose@bbfl.us Secondary email: vegass@bbfl.us By: 7-7 %'��/ � By: (--:4; LAWRENCE MICHAEL SHRAMKO Georgle-D agos,\squire Fla. Bar No.: 41320 GENERAL.RELEASE WHEREAS, the undersigned, LAWRENCE MICHAEL SHRAMKO, has a lawsuit against the CITY OF BOYNTON BEACH (the "City") and BRITTANY DRURY ("Drury") styled LAWRENCE MICHAEL SHRAMKO v. CITY OF BOYNTON BEACH and BRITTANY DRURY, filed in the Fifteenth Judicial Circuit, In and for Palm Beach County, Florida, Case No. 502024CA007636XXXMB (the "Action"); and WHEREAS, the parties to this Release desire to compromise and settle the claim rather than incur the expense and uncertainty of litigation; and NOW THEREFORE, in consideration of the premises, in the absence of which this Release would not be executed and delivered by the undersigned nor accepted by Defendants, BRITTANY DRURY and CITY OF BOYNTON BEACH, and the benefits and advantages anticipated by the undersigned and Drury and the City, from the compromise and settlement of said claim and said Action, and in consideration also of the sum of ONE HUNDRED AND FIFTY THOUSAND and 00/100 DOLLARS($150,000.00),and the following conditions: Each party is to bear its own costs and attorney fees; and This Release applies to Drury and the City and its current and former agents and employees individually and in their official capacities; and The parties agree to enter a stipulation of dismissal with prejudice of the above- referenced Action; further LAWRENCE MICHAEL SHRAMKO in hand paid by the City and the receipt of which is hereby acknowledged,the undersigned has acquitted,released,exonerated,and discharged,and does hereby acquit, release, exonerate, and discharge Drury and the City, and their current and former agents, employees, directors, representatives, successors, legal representatives and assigns, individually and in their official capacities, of and from any and all obligations, liability, or responsibility under the laws of the State of Florida, and of any other State of the United States of America, for, from, upon, under or on account of or growing or arising out of said claim or said Action, including(but not by the specific references excluding any other element of obligation,liability or responsibility in respect to said occurrence)all damages, losses, costs, charges,and expenses, of every kind, nature and character, now existing or hereafter arising, known or unknown or hereafter becoming known, accrued, or hereafter accruing, resulting directly or indirectly, approximately or remotely, from all and any of the matters and things embraced in said claim and in said Action, including but not limited to,all claims arising from that certain alleged accident which occurred on or about August 25,2022, in Boynton Beach,Palm Beach County, Florida, and does hereby acknowledge full and complete compromise and settlement, accord and satisfaction and payment thereof and therefore from Drury and the City. As further consideration and inducement for this compromise settlement,LAWRENCE MICHAEL SHRAMKO agrees to satisfy or otherwise resolve any valid liens,subrogated interests,or other obligations arising from said incident and agrees to protect all parties named in this Release from liability for Plaintiff's failure to fulfill this obligation. The hereinabove recited consideration is the full,complete and entire consideration for this Release, GENERAL RELEASE Shramko v. CITY OF BOYNTON BEACH/DRURY Case No. 502024CA007636XXXMB47 Page 1 of 3 LMS and there is no agreement, oral or written, expressed or implied, whereby LAWRENCE MICHAEL SHRAMKO is to receive at any time or in any event or upon the happening of any contingency or upon the development or discovery of any fact, circumstance, or condition any further consideration of any kind whatsoever from Drury or the City,for or on account of any other matter,circumstance or thing whatsoever; and in consideration of the premises,the undersigned hereby agrees that it will not, and that its heirs, legal representatives and assigns shall not, hereafter file or institute in any court any other suit against the Defendants or their heirs, agents, or employees, for or on account of or in respect of said claim or any of the matters and things alleged in said Action, and that to any other suit or Action which nevertheless may be hereafter brought on account or in respect of any of the matters and things involved in said claim and in said Action this Release shall be a complete and conclusive defense. LAWRENCE MICHAEL SHRAMKO further agrees to satisfy or otherwise resolve all personal injury protection liens, health insurance liens, hospital liens, attorneys' charging liens, or other liens that have arisen or may arise as a result of benefits payable to the undersigned for injuries sustained or earnings lost or expenses incurred arising out of the above accident. The undersigned further agrees to indemnify the Drury and/or the City from such meritorious claims and agrees to satisfy or otherwise resolve such claims out of the proceeds of this settlement. In partial consideration for the payments made under the terms of this Release and Settlement Agreement, LAWRENCE MICHAEL SHRAMKO agrees,promises,and warrants that all liens, including hospital liens,emergency medical services care,ambulance,fire rescue liens,medical liens,insurance liens, Medicare liens or past conditional payments, Medicaid liens, or any liens asserted by any governmental entities or agencies whatsoever and any other liens, bills or claims arising out of or related to the incident referenced above,and the claimed injuries to LAWRENCE MICHAEL SHRAMKO,will be fully satisfied or otherwise resolved by LAWRENCE MICHAEL SHRAMKO , out of the proceeds of the settlement referenced hereinbefore the proceeds are disbursed to LAWRENCE MICHAEL SHRAMKO by his attorney. LAWRENCE MICHAEL SHRAMKO further agrees, promises,and warrants that LAWRENCE MICHAEL SHRAMKO will be solely responsible to any lienholder, claimant, or creditor for any such liens or outstanding bills or charges for LAWRENCE MICHAEL SHRAMKO's medical treatment related to this incident and that Drury and the City will have no responsibility or obligation whatsoever for any such liens,bills,claims,or charges specifically including liens for any"past conditional payments"or future set-aside obligations through Medicare. If LAWRENCE MICHAEL SHRAMKO fails to fulfill his obligation to satisfy or otherwise resolve all valid liens or obligations arising from the subject incident,he further agrees to indemnify,hold harmless and defend Drury and/or the City against loss,cost,expense,or liability imposed upon or incurred by Drury and/or the City arising from,relating to or concerning meritorious Medicare conditional payments and the Medicare Set-Aside trust pertaining to or arising from this accident. LAWRENCE MICHAEL SHRAMKO waives any claim or cause of action he may have against Drury and/or the City under the Medicare Secondary Payer Act (MSP) pursuant to 42 USC §1395y(b)(3)(A) if Medicare finds an allocation insufficient. The undersigned has read this Release and consulted with his attorney in said cause and understands the purpose, tenor, and effect of this Release. It contains and sets forth the entire agreement between the parties hereto, and there is no part of the agreement between them in respect of the premises, which is not entirely,completely, accurately, and truly set forth herein. Notwithstanding the language contained in this Release, this Release shall not be construed as releasing any medical providers from potential claims that may arise based upon treatment and care GENERAL RELEASE Shramko v.CITY OF BOYNTON BEACH/DRURY Case No. 502024CA007636XXXMB r� Page 2 of 3 ` LMS rendered due to the accident which is the subject of this Release. Moreover, this Release shall not be construed as releasing any health: insurance carrier or other insurers front medical and lost wage benefits to which the Releasors are entitled. IN WITNESS WHEREOF, LAWRENCE MICHAEL SHRAMKhereunto set his hand and seal, in (? , Palm Beach County, Florida,this day of August,2025. l Signed,sealed and delivered in the presence of: ---LAWItNCE MICHAEL SHRAMKO STATE OFUll 66— } } SS: COUNTY OF Kt.l On this 1 day of fik`it.-4-t' 2023, the foregoing instrument was acknowledged before me, by means of `f ihysical presence or ❑ online notarization, by LAWRENCE MICHAEL SHRAMKO ,an individual, ❑ Personally Known OR Produced Identification—Type of Identification Produced Pi, [SEAL] Ncjta:y Public Signature Print Name: Commission number: igiditc., JACQUELYN FRES * MYCOMMISSION 0 HH 605M �.� EXPIRES:Febnwy 23,2020 ❑1111 II I II Oi f GENERAL RELEASE Shramko v.CITY OF BOYNTON BEACH/DRURY � Case No. 502024CA007636XXXMB Page 3 of 3 LMS