A tentative deal
announced Friday would pay $83 million to people who
suffered economic losses such as condominium units and
personal property in the collapse of a Florida building that
killed 98 people.
The emerging agreement, yet to be formally reduced to
writing, would set aside whatever amount above the property
settlement figure for those who lost loved ones in the
collapse of the 12-story Champlain Towers South condominium
in Surfside, Florida.
The proposal was unveiled at a hearing Friday before
Miami-Dade Circuit Judge Michael Hanzman, who is presiding
over lawsuits stemming from the June 24 collapse.
“That is promising news. We'll see how it plays out,” said
Hanzman, who must approve a deal and said he would hear any
objections before deciding. “There's a strong possibility
we're going to avoid any drawn-out legal battle.”
A written agreement will be ready to file in court by next
Thursday, said attorneys involved in the negotiations
overseen by mediator Bruce Greer.
The main lawsuit, filed on behalf of Champlain Towers South
victims and family members, contends that work on the
adjacent Eighty Seven Park tower damaged and destabilized a
building in dire need of major structural repair.
Champlain Towers was in the midst of its 40-year structural
review when it collapsed without warning, burying victims
under tons of rubble and almost instantly destroying dozens
of condo homes. That has triggered multiple federal and
state investigations and a flurry of lawsuits by victims,
families and condo owners.
A key question from the beginning was how to allocate money
from the property's sale, insurance proceeds and damages
from lawsuits between wrongful death cases and those with
only property claims.
Gonzalo Dorta, who represents the property owners group,
said the agreement means those who accept part of the $83
million will be finished with the case and won't be
subjected to a possible assessment that state law allows for
condo associations to cover legal and other costs.
“They will be free from that exposure,” Dorta said.
It wasn't immediately clear how many people are in each
camp. There were 136 units in Champlain Towers South and the
98 deaths. Some units were rented from out-of-town owners.
Some owners also are part of the wrongful death aspect of
the case.
“We believe this resolution takes into account interests for
all sides,” said attorney Judd Rosen, who represents the
wrongful death plaintiffs.
Still, this tentative agreement would represent only part of
the case. The lawsuit claiming damages for wrongful death
will move forward, with potential collections including $120
million or more from the property sale and perhaps $30
million in estimated insurance proceeds.
An auction sale of the property is currently planned for
late April, court-appointed receiver Michael Goldberg said.
The lead investigating agency is the National Institute for
Standards and Technology, which recently estimated its probe
could take as long as two years.
Much of the recent work has involved preparing the beachside
site to collect evidence through soil borings and other
methods about what caused the collapse. There is also a Feb.
21 walk-through planned for experts to examine evidence
stored in warehouses.
“We're really just pleased with how that's going,” Goldberg
said.