HomeMy WebLinkAboutR-02-0274J-02-149
02/26/02
RESOLUTION NO. 02— 274
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
LAYLENE GUILLENE HONG DE LA CRUZ THE SUM OF
$50,000, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CASE OF LAYLENE
GUILLENE HONG DE LA CRUZ VS. CITY OF MIAMI,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 98-1.5567 CA (30) , 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. 515001.624401.6.651.
WHEREAS, Laylene Guillene Hong De La Cruz, filed a claim and
lawsuit against the City of Miami, in the Circuit Court of the
Eleventh Judicial District, Case No. 98-15567 CA (30), in Miami -
Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office and the Division of Risk Management
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 Offices
CITY C'C}NWASION
NEETING br
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02- 274
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recommend that the claim and lawsuit be settled for the sum of
$50,000.00;
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
Laylene Guillene Hong De La Cruz the sum of $50,000 in full and
complete settlement of any and all claims and demands against the
City of Miami, for the case of Laylene Guillene Hong De La Cruz
vs. City of Miami, in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 98-15567
CA (30), 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 Trust and Insurance Fund, Index
Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
1.�
It 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 02-
274
74
PASSED AND ADOPTED this 14th day of
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
NDRU ViLAHELLU
ATTORNEY
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AND CORRECTNESS:
I
March , 2002.
MEL A. DIAZ,
mMA r
Page 3 of 3 02- 2r74
CITY OF MIAMI
CITY ATTORNEY'S OFFICE _
MEMORANDUM
TO: Mayor and Members of the C.
FROM: Alejandro Vilarello, City
DATE: February 26, 2002
Qui
CA -11
RE: Proposed Settlement -City Commission Agenda -March 14, 2002
Laylene Guillene Hong De La Cruz vs. City of Miami
Dade Circuit Court Case No. 98-15567 CA 30
Claim No. 012/GL-97-099 (J-02-149)
This tort claim of the Plaintiff, Laylene Guillene Hong De La Cruz, seeks to recover
damages for injuries sustained when she was knocked to the ground by a police officer who was
running after an offender at the Calle Ocho street festival, specifically a fractured knee cap.
The case was tried before a jury that awarded Plaintiff damages in the amount of her past
medical bilis ($7,019) and zero damages for future medical expenses or for past or future pain
and suffering. Arguing that the verdict was inadequate as a matter of law, Plaintiff filed a
Motion for New Trial on Damages Only, which was granted by the trial court. The City appealed
on the grounds of sovereign immunity. The Third District Court of Appeals affirmed the trial
court's ruling stating that the act of running after a suspect is "operational" and thus subjects the
City to liability. Additionally, the Court of Appeals found that the verdict was not in accord with
the record evidence and ordered a new trial on the issue of damages only. The Supreme Court
denied the City of Miami's petition for jurisdiction.
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 $50,000 payable to
Laylene Guillene Hong De La Cruz. 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 $50,000 will be allocated from the Self -Insurance and
Insurance Trust Fund, index Code No. 515001.624401.6.651.
AV/JOB/dd
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W023CityC0mmis8ion 02— 2 •
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CITY DF .MIAMI -
CITY ATTORNEY'S OFFICE
MEMORANDUM
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TO: Linda Haskins, Director, Departmgnt of Management and Budget
R. Sue Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney
DATE: March 4, 2002
RE: Financial review and approval for payment of settlement
Proposed Resolution -- City Commission Meeting of March 14, 2002
Case of Laylene Guillene Hong De La Cruz vs. City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 98-15567 CA (30), Claim No. 012/GL-97-099
(J-02-149)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
March 14, 2002, requesting payment of a settlement in the amount of $50,000 in the case of
Laylene Guillene Hong De La Cruz vs. City of Miami, in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-15567 CA (30). Funds are
available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.651.
Please indicate your review and approval herein below by affixing your signature and
return this original memorandum to Beverly Solomon, Administrative Assistant H of this office
as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
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R. SUE WELLER
ACTING ADMINISTRATOR
W677:BSS
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
LINDA HASKINS
DIRECTOR
02-- 274