HomeMy WebLinkAboutR-02-1112J-02-839
10/10/02
RESOLUTION NO. 02-11i2
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
PATRICIA ROBBINS, 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 PATRICIA ROBBINS, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF OTIS JAMES
ROBBINS VS. CITY OF MIAMI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 00-6096 CA (08), 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, PROVIDING
THAT $30,000, OF SAID SUM BE HELD IN TRUST
FOR THE BENEFIT OF THE DECEDENT'S SURVIVING
SIBLING WHO IS A RESIDENT OF OVERTOWN IN THE
CITY OF MIAMI AND THAT THE AMOUNT OF
ATTORNEY'S FEES TO BE COLLECTED BE BASED ON
RECOVERY OF $170,000.
WHEREAS, Patricia Robbins, as personal representative of the
estate of Otis James Robbins, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 00-6096 CA (08), in Miami, Miami -Dade County,
Florida; and
CITY COMMISSION
MEETUgG CE
Q C T j n 2002
Resolution No.
02-1112
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
Office recommends that the claim and lawsuit be settled for the
sum of $170,000; and
WHEREAS, the City Commission has determined that the
decedent was survived by a sibling who resides in the Overtown
area of the City of Miami and said sibling was greatly affected
by the loss of her brother; and
WHEREAS, the City Commission has determined that the claim
and lawsuit be settled for the sum of $200,000, provided that no
additional attorney's fees are collected on the additional
$30,000 that is being approved herein, and that the said $30,000
be held in trust for Otis James Robbins' surviving sibling who
resides in Overtown in the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 4
02--112
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
Patricia Robbins 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 Patricia Robbins, as personal representative
for the estate of Otis James Robbins vs. City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 00-6096 CA (08), 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,
providing that $30,000, of said sum shall be held in trust for
the benefit of Otis James Robbins' surviving sibling who is a
resident of Overtown in the City of Miami, and that the amount of
attorney's fees to be collected be based on recovery of $70,000.
Page 3 of 4
02-1112
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 10th day of October , 2002.
it
MANUEL A. DIAZ, MAYOR
r
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJAND VILARELLO
CITY ATTORNEY
W6582:JOB:dd:BSS
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 4 of 4
02-1112
CITY OF MIAMI
CITY ATTORNEY'S OFFICE CA=8
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney'
DATE: September 27, 2002
RE: Proposed Settlement -City Commission Agenda -October 10, 2002
Patricia Robbins, as Personal Representative of the Estate of Otis James Robbins
vs. City of Miami/Dade Circuit Court Case No. 00-6096 CA 08
Claim No. 012/GL99177 (J-02-839)
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 $170,000.
This is a wrongful death civil suit filed by the representative of the estate of Otis James
Robbins. Robbins, who was twelve years old at the time of the accident, drowned at the Gibson
Park pool on August 17, 1999, shortly after the pool had been closed for the day.
Funds in the amount of $170,000 will be allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.653.
AV/JOB/dd
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W030a10-10 02-1112