HomeMy WebLinkAboutR-03-0841J-03-575
06/17/03
RESOLUTION NO. 03— 8 41
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
THOMAS SHAVER, THE SUM OF $200,000, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE THOMAS SHAVER, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF SEAN THOMAS
SHAVER VS. CITY OF MIAMI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 01-19858 CA (15), UPON EXECUTING A
RELEASE FOR 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. 515001.624401.6.653.
WHEREAS, Thomas Shaver, as personal representative of the
estate of Sean Thomas Shaver, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 01-19858 CA (15), in Miami, Miami -Dade County,
Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Self -Insurance and Insurance Trust Fund and said
CITY* COMUSSION
XMING OF
J U L 2 4 2P03
Resolution No.
03- 841
Office recommends that the claim and lawsuit be settled for the
sum of $200,000; and
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
Thomas Shaver the sum of $200,000, in full and complete
settlement of any and all claims and demands against the City of
Miami, for the case Thomas Shaver, as personal representative for
the estate of Sean Thomas Shaver vs. City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 01-19858 CA (15), upon
executing a release for 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. 515001.624401.6.653.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor."
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- 841
PASSED AND ADOPTED this 24th day of July , 2003.
ATTES
iz i r
P SCILLA A. HOMP ON
,/,,CITY CLERK
TNESS%
ANDEL A. DIAZ, MAY
Page 3 of 3 03- 3' 4 1
CITY OF MIAMI
CITY ATTORNEY'S OFFICF
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: July 14, 2003
CA -10
RE: Proposed Settlepientt� Commission Agenda -July 24, 2003
Thomas Shaver, asersonal Representative of the Estate of Sean Thomas Shaver
vs. City of Miami/Dade Circuit Court Case No. 01-19858 CA 15
Claim No. 012GL2001175 (J-03-575)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the above referenced case, in the amount of $200,000.
This is a wrongful death civil suit filed by the representative of the estate of Sean Thomas
Shaver. Shaver, who was seven -years old at the time of the accident, choked on a hot dog at
News Cafe Restaurant on August 27, 1999. It is alleged that his death two days later was a direct
result of the consequences of the actions of the City of Miami Fire Rescue.
Funds in the amount of $200,000 will be allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.653.
W906:JOB:dd
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 841