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HomeMy WebLinkAboutR-02-0709J-02-554 6/5/02 RESOLUTION NO. 02- 10 9 A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO THE ENTRY OF A JUDGMENT AGAINST THE CITY OF MIAMI IN THE AMOUNT OF $100,000 IN THE CASE OF MARCOS VALDEZ VS. THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT CASE NO. 99-29887 CA (06), UPON THE UNDERSTANDING THAT THE CITY ATTORNEY'S OFFICE WILL CHALLENGE AND LITIGATE THE COLLECTIBILITY OF THE JUDGMENT UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, THAT IF THE CITY OF MIAMI PREVAILS ON THE ISSUE OF COLLECTIBILITY, MARCOS VALDEZ WILL HAVE TO SEEK A LEGISLATIVE CLAIMS BILL TO SATISFY THE JUDGMENT, AND IF THE CITY DOES NOT PREVAIL IN CHALLENGING THE COLLECTIBILITY OF THE JUDGMENT, THE JUDGMENT WILL BE SATISFIED BY PAYMENT FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE INDEX NO. 5155001.624401.6.652. WHEREAS, Marcos Valdez filed a claim and lawsuit against the City of Miami, in Miami -Dade Circuit Court Case No: 99-29887 CA (06), for injuries sustained in a December 6, 1996 automobile accident; 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 CITY C b=Ti J U N 1 3 2002 Rewhaim 1b. 0�_ 709 Code of the City of Miami, Florida, as amended, and recommend that a judgment be entered in the amount of $100,000 against the City of Miami in favor of Marcos Valdez with the provision that the City will challenge the collectibility of this judgment under section 768.28(5) of Florida's Sovereign immunity statute; 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 City Attorney is authorized to consent to the entry of a judgment against the City of Miami in the sum of $100,000, in favor of Marcos Valdez in the case of Marcos Valdez vs. The City of Miami, filed in Miami -Dade Circuit Court, Case No. 99-29887 CA (06), upon the provision that the City Attorney will challenge and litigate the collectibility of this judgment pursuant to section 768.28(5) of Florida's Sovereign Immunity statute. Page 2 of 3 02- 7109 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 13th day of June , 2002. MANUEL DIAZ, MAY06, ATTEST: a PRISCILLA THOMPSON CITY CLERK APPROV AS O F M AND CORRECTNESS: VO VILARELLO ORNEY 1� 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 02-- A/0 ?o c.1Ce r CITY OF MIAMI (1,.,r_ a7►j� CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney_ j DATE: June 10, 2002 RE: Marcos Valdez vs. City of Miami CASE NO.: 99-29887 CA (06) Claim No.: 012/V/197-059 This item, CA 20, was inadvertently withdrawn from the City Commission agenda for June 13, 2002. I request that it be reinstated on the consent agenda or heard as a pocket item. This personal injury lawsuit arises out of a December 6, 1996 automobile accident. The plaintiff, the driver of the vehicle, fractured his skull and cervical vertebrae when a City of Miami police cruiser struck his vehicle. His passenger, Oscar Ortiz, was rendered a quadriplegic. The Accident Review Board found that the officer caused the accident by failing to yield the right-of- way, and classified this as a preventable accident. The officer was reprimanded. Mr. Ortiz's lawsuit was filed first and tried before a jury in June of 1999, resulting in a verdict against the City. Although he was not a party to the Ortiz lawsuit, the jury found there was no negligence on the part of Mr. Valdez that contributed to the accident. The attached proposed Resolution seeks authorization for the entry of a judgment against the City of Miami in the above -referenced lawsuit in the amount of $100,000. The 'City Attorney's Office has investigated and evaluated this case and recommends settlement of this claim. However, it is our belief that the City's sovereign immunity cap of $200,000 per incident was exhausted by the Ortiz case. Accordingly, the City will challenge and litigate the collectibility of the $100,000 for this case. If the City prevails on its argument, the plaintiff will have to resort to a legislative claims bill for satisfaction of the $100,000 judgment. If the plaintiff prevails, the City will pay the $100,000 judgment from its self-insurance fund. The purpose of this resolution is to allow the City the opportunity to litigate the collectibility of this judgment while limiting the City's potential exposure to a claims bill for an amount significantly greater than $100,000. cc: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator OZ- 709 J-02-554 6/5/02 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO THE ENTRY OF A JUDGMENT AGAINST THE CITY OF MIAMI IN THE AMOUNT OF $100,000 IN THE CASE OF MARCOS VALDEZ VS. THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT CASE NO. 99-29887 CA (06), UPON THE UNDERSTANDING THAT THE CITY ATTORNEY'S OFFICE WILL CHALLENGE AND LITIGATE THE COLLECTIBILITY OF THE JUDGMENT UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, THAT IF THE CITY OF MIAMI PREVAILS ON THE ISSUE OF COLLECTIBILITY, MARCOS VALDEZ WILL HAVE TO SEEK A LEGISLATIVE CLAIMS BILL TO SATISFY THE JUDGMENT, AND IF THE CITY DOES NOT PREVAIL IN CHALLENGING THE COLLECTIBILITY OF THE JUDGMENT, THE JUDGMENT WILL BE SATISFIED BY PAYMENT FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE INDEX NO. 5155001.624401.6.652. WHEREAS, Marcos Valdez filed a claim and lawsuit against the City of Miami, in Miami -Dade Circuit Court Case No: 99-29887 CA (06), for injuries sustained in a December 6, 1996 automobile accident; 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 U2- 709 Code of the City of Miami, Florida, as amended, and recommend that a judgment be entered in the amount of $100,000 against the City of Miami in favor of Marcos Valdez with the provision that the City will challenge the collectibility of this judgment under section 768.28(5) of Florida's Sovereign immunity statute; 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 City Attorney is authorized to consent to the entry of a judgment against the City of Miami in the sum of $100,000, in favor of Marcos Valdez in the case of Marcos Valdez vs. The City of Miami, filed in Miami -Dade Circuit Court, Case No. 99-29'87 CA (06) , upon the provision that the City Attorney will challenge and litigate the collectibility of this judgment pursuant to section 768.28(5) of Florida's Sovereign Immunity statute. Page 2 of 3 02- 709 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this day of ATTEST: PRISCILLA THOMPSON CITY CLERK APPROV AS O F AND CORRECTNESS: �I AN O VILARELLO 'CI Y TTORNEY 2 8 0: LB;' , 2002. MANUEL DIAZ, MAYOR �i 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 02- 17g4 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM This item, CA 20, was inadvertently withdrawn from the City Commission agenda for June 13, 2002. I request that it be reinstated on the consent agenda or heard as a pocket item. This personal injury lawsuit arises out of a December 6, 1996 automobile accident. The plaintiff, the driver of the vehicle, fractured his skull and cervical vertebrae when a City of Miami police cruiser struck his vehicle. His passenger, Oscar Ortiz, was rendered a quadriplegic. The Accident Review Board found that the officer caused the accident by failing to yield the right-of- way, and classified this as a preventable accident. The officer was reprimanded. Mr. Ortiz's lawsuit was filed first and tried before a jury in June of 1999, resulting in a verdict against the City. Although he was not a party to the Ortiz lawsuit, the jury found there was no negligence on the part of Mr. Valdez that contributed to the accident. The attached proposed Resolution seeks authorization for the entry of a judgment against the City of Miami in the above -referenced lawsuit in the amount of $100,000. The'City Attorney's Office has investigated and evaluated this case and recommends settlement of this claim. However, it is our belief that the City's sovereign immunity cap of $200,000 per incident was exhausted by the Ortiz case. Accordingly, the City will challenge and litigate the collectibility of the $100,000 for this case. If the City prevails on its argument, the plaintiff will have to resort to a legislative claims bill for satisfaction of the $100,000 judgment. If the plaintiff prevails, the City will pay the $100,000 judgment from its self-insurance fund. The purpose of this resolution is to allow the City the opportunity to litigate the collectibility of this judgment while limiting the City's potential exposure to a claims bill for an amount significantly greater than $100,000. cc: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 02- 709 TO: Mayor and Members of the City Commission !2 n 2 N FROM: 41 Alejandro Vilarello, City Attorney�� for - r- o�=" c r71 DATE: June 10, 2002 n = a = X M RE: Marcos Valdez vs. City of Miamitn CASE NO.: 99-29887 CA (06) _ Zn Claim No.: 012/V/197-059 This item, CA 20, was inadvertently withdrawn from the City Commission agenda for June 13, 2002. I request that it be reinstated on the consent agenda or heard as a pocket item. This personal injury lawsuit arises out of a December 6, 1996 automobile accident. The plaintiff, the driver of the vehicle, fractured his skull and cervical vertebrae when a City of Miami police cruiser struck his vehicle. His passenger, Oscar Ortiz, was rendered a quadriplegic. The Accident Review Board found that the officer caused the accident by failing to yield the right-of- way, and classified this as a preventable accident. The officer was reprimanded. Mr. Ortiz's lawsuit was filed first and tried before a jury in June of 1999, resulting in a verdict against the City. Although he was not a party to the Ortiz lawsuit, the jury found there was no negligence on the part of Mr. Valdez that contributed to the accident. The attached proposed Resolution seeks authorization for the entry of a judgment against the City of Miami in the above -referenced lawsuit in the amount of $100,000. The'City Attorney's Office has investigated and evaluated this case and recommends settlement of this claim. However, it is our belief that the City's sovereign immunity cap of $200,000 per incident was exhausted by the Ortiz case. Accordingly, the City will challenge and litigate the collectibility of the $100,000 for this case. If the City prevails on its argument, the plaintiff will have to resort to a legislative claims bill for satisfaction of the $100,000 judgment. If the plaintiff prevails, the City will pay the $100,000 judgment from its self-insurance fund. The purpose of this resolution is to allow the City the opportunity to litigate the collectibility of this judgment while limiting the City's potential exposure to a claims bill for an amount significantly greater than $100,000. cc: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 02- 709