HomeMy WebLinkAboutR-03-0348J-03-328_
3/24/03
RESOLUTION NO.
03- 348
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ROSETTA CORNER, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $150,000 IN FULL AND COMPLETE'
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CASE OF
ROSETTA CORNER, ETC., ET AL. V. CITY OF MIAMI,
ET AL., CIRCUIT COURT CASE NO. 97-16395 CA
(09), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS AND --EMPLOYEES FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
FROM THE SELF-INSURANCE .AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Rosetta Corner on behalf of her son, Havonta
Demmons, filed a claim and lawsuit against.the City of Miami, et
al. in Circuit Court Case No. 97-16395 CA (09); and
WHEREAS, the Tort Committee of the City Attorney's Office
and the Division of Risk Management have investigated this claim
and lawsuit, 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 $150,000;
CITY COVBUSSION
MEETING OF
APR 1 0 2003
Resolution No.
03 348
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
Rosetta Corner, without admission of liability, the sum of
$150,000 in full and complete settlement of any and all claims
and demands against the City of Miami, in the case of Rosetta
Corner, etc., et al. vs. City of.Miami, et al., in Circuit Court
Case No. 97-16395 CA (09), upon the execution of a general
release 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.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
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 2 of 3
03- 348
PASSED AND ADOPTED this loth day of April , 2003.
ATTEST:
01SC4ILL-A.A.. T OMPSON
CITY CLERK
APPROVED AS--TMFORM ADM CORRECTNESS:
� C/MNl
XL'E�JAARO VIJARELL0
CIT ATTORNEY
W7133:CCM:eh
•
MANUEL A. DIAZ, MAYOR
Page 3 of 3
03- 348
CITY OF
CITY ATTORNEY'S A=9
MEMORANDUM
TO: Mayor and Members of the City
FROM: Alejandro Vilarello, Ci tto
DATE: March 31, 2003
RE: Proposed Settle t- ty Commission Meeting of April 10, 2003
Rosetta Corner, et . v. City of Miami
Case No. 97-1639 CA (09)
Claim No. 012 /97-018
The attached proposed Resolution seeks authorization for the .settlement of all claims
against the City of Miami, without admission of liability, in the amount of $150,000 payable to
the plaintiff, Ms. Rosetta Comer. 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 $150,000 will be allocated from the Insurance and Self
Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Ms. Rosetta Corner, on behalf of her son, Havonta Demmons, an unemancipated minor,
brought a negligence action against the City for damages, including medical expenses necessarily
incurred, as a result of a City police officer accidentally shooting her son. Surgery and
hospitalization expenses generated a bill of $100,608.53.
As a result of the findings by the Internal Affairs investigation and the Firearms Review
Board, the Police Department issued a written reprimand to the involved officer and further
ordered the forfeiture of eighty hours of earned overtime.
W851/CCM/eh &'V\
Attachment
c: Joe Arriola, City Manager
John Timoney, Police Chief
Elvi G. Alonso, Agenda Coordinator
03- 348