HomeMy WebLinkAboutR-03-0259J-03-239
3/20/03
RESOLUTION NO. 03- 259
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
AS SETTLEMENT TO PLAINTIFF, DAVID F.
McCRANIE, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $85,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS AND SERVANTS, INCLUDING, BUT NOT
LIMITED TO OFFICER GUILLERMO GONZALEZ, IN
THE CASE OF DAVID F. McCRANIE VS. THE CITY
OF MIAMI, FILED IN THE CIRCUIT COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 02-11472 CA (05), UPON THE EXECUTION OF
A GENERAL RELEASE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, RELEASING THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT
NOT TO EXCEED $85,000, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
WHEREAS, David F. McCranie filed a lawsuit against the
City of Miami and Police Officer Guillermo Gonzalez in the
Circuit Court, in and for Miami -Dade County, Florida, Case
No. 02-11472 CA (05); and
WHEREAS, the City Attorney's Office and the Division of
Risk Management have investigated this claim and lawsuit,
CITY COM USSiON
MEETING OF
MAR 2 7 ?qnl
Resolution No.
03- 259
pursuant to Sections 18-221 through 18-232 of the Code of the
City of Miami, Florida, as amended, and recommend that said
claim and lawsuit be settled for the sum of $85,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
David F. McCranie, without admission of liability, the sum of
$85,000, in full and complete settlement of any and all claims
and demands against the City of Miami, its officers, agents and
servant, including, but not limited to, Police Officer Guillermo
Gonzalez, in the case of David F. McCranie v. City of Miami, et
al., filed in the Circuit Court in and for Miami -Dade County,
Florida, Case No. 02-11472 CA (05), upon executing a general
release in a form acceptable to the City Attorney, releasing the
City of Miami, its present and former officers, agents and
employees from any and all claims and demands, with funds
allocated from the Self -Insurance and Insurance Trust Fund,
Index Code No. 515001.624401.6.652.
Page 2 of 3
03- 259
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 27th day of March , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED
TA�dD VIIS
ITY A'f TORNEY
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D CORRECTNESS -t/
MANUEL A. DIAZ, MAY
ii If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3 0 3 � 259
CITY OF MIAMI
CITY ATTORNEY'S OFFIC
MEMORANDUM
TO: Mayor and Members
FROM: Alejandro Vilarell/,1
A t �
CA -15
DATE: March 20, 2/02-11472
RE: Proposed ReCity Commission Meeting March 27, 2003
David F. MCity of Miami, in the Mrami-Dade Circuit
Court Case CA (05) (J-03-239).
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami and its officers, agents and servants, including but not
limited to Police Officer Guillermo Gonzalez, in the above -referenced case in the
amount of $85,000.
This is a strict liability and negligence action brought under State Law arising
out of the accidental K-9 bite of an FBI Special Agent, occurring during a joint FBI -City
of Miami operation. Plaintiff contends that the City is strictly liable when its K-9
injures others, and that the City was negligent in handling and training of this dog.
The City Attorney's Office and the Risk Management Division have investigated
and evaluated this case and have approved the recommendation of this settlement.
Funds in the amount of $85,000 are available for this settlement from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
W840:WRB:kdw
Attachment
c: Joe Arriola, City Manager
Elvi G.Alonso, Agenda Coordinator
03_ 259