HomeMy WebLinkAboutR-00-1079J-00-1091
12/5/00 W `' � 9
RESOLUTION NO.
A. RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JESUS DEL RIO, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $75,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE JESUS DEL RIO VS. CITY OF MIAMI,
IN THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 94-9018 CA (30), AND FEDERAL COURT
CASE NO. 00-1499-CIV-HIGHSMITH, AND TO PAY
GONZALO MIRANDA, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $25,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE GONZALO MIRANDA VS. CITY OF
MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 94-9017 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
THEREFOR, IN AN AMOUNT NOT TO EXCEED
$100,000, FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.661.
WHEREAS, Jesus Del Rio filed a claim and lawsuit against the
City of Miami in the Circuit Court of the Eleventh Judicial
Circuit, in and for Miami -Dade County, Florida, Case
No. 94-9018 CA (30) and Federal Court Case No. 00-1499-CIV-
HIGHSMITH; and
CITY COMMISSION
MEETING OF
Q E C 14 2000
t�— �.r�a
WHEREAS, Gonzalo Miranda filed a claim and lawsuit against
the City of Miami in the Circuit Court of the Eleventh Judicial
Circuit, in and for Miami -Dade County, Florida, Case
No. 94-9017 CA (30); and
WHEREAS, the Tort Committee of the City Attorney's Office
and the Division of Risk Management have investigated these
claims and lawsuits, pursuant to Sections 18-221 through 18-232
of the Code, of the City of Miami, Florida, as amended, and
recommend that said claims and lawsuits be settled for the sum of
$75,000 and $25,000 respectively;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is hereby authorized
to pay Jesus Del Rio, without admission of liability, the sum of
$75,000 in full and complete settlement of any and all claims and
demands against the City of Miami, for the case, Jesus Del Rio
vs. City of Miami, in the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 94-9018 CA (30) and Federal
Court Case No. 00-1499-CIV-HIGHSMITH, and to pay Gonzalo Miranda,
without admission of liability, the sum of $25,000 in full and
complete settlement of any and all claims and demands against the
City of Miami, for the case, Gonzalo Miranda vs. City of Miami,
1,79 9
in the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 94-9017 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 therefor, in an amount not to exceed
$100,000, hereby allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.661.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this .14th day of December 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval
this legislation by signing it in the designated pia :provided, c—
becomes effective with the elapse of ten (10) d� s om the d�"_ of Cci lm' ^'
regarding same, without the Mayor fxercisjng to.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS:
Y �,d "4912:CCM:kd:BSS
If
�n r
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 3 of 3
CITY OF MIAMI
CITY ATTORNEY'S OFFIC
MEMORANDUM
TO: Honorable Mayor and
FROM: Alejandro Vilarello,
DATE: December 6, 2000
RE: Proposed Settle4i
ity Commission
39
Commission Meeting of December 14, 2000
Jesus Del Rio v. Crt of Miami
Case No. 94-901 A(30
Gonzalo Miranda v. City of Miami
Case No. 94-9017 CA (30)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of.Miami, without admission of liability, in the above referenced lawsuits in the
amount of $75,000 payable to Jesus Del Rio, and $25,000.00 payable to Gonzalo Miranda. The
Torts Committee of the City Attorney's Office and the Risk Management Division have
investigated and evaluated these related cases and have approved the recommendation of this
settlement. Funds in the amount of $100,000 will be allocated from the Insurance and Self
Insurance Trust Fund, Index Code No. 515001.624401.6.661 to pay both amounts.
The Del Rio settlement arises out of jury verdict wherein Del Rio was awarded
$1,650,000 on a "whistle -blower's claim" in addition to $369,437 in attorney's fees and $6,943
in costs. In a separate trial, a jury awarded Miranda $165,000 on his "whistle -blower's claim" in
addition to $235,000 in attorney's fees and $3,536 in costs. Both judgments were reversed on
appeal for technical reasons, specifically: failure to exhaust administrative remedies. Based
upon the reversal, both cases were remanded for Del Rio and Miranda to comply with the
procedural requirements attendant the prosecution of such claims.
If the plaintiffs were to prevail at second trials —even for a nominal amount —they would
be entitled to attorney's fees and costs which, standing alone, would easily exceed the aggregate
amount of the settlement. I therefore recommend settlement of these claims.
W 115:CCM/MJC/bss/kd
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
CITY OF MIAMI
CITY ATTORNEYS OFFICE
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney ktx
DATE: December 1, 2000
RE: Financial review and approval for Settlement
Proposed Resolution -City Commission Meeting of December 14, 2000
Jesus Del Rio vs. City of Miami, Case No. 94-9018 CA (30) and Federal Court
Case No. 00-1499-CIV-HIGHSMITH [J-00-1091]
Attached is a copy of a resolution scheduled for the City Commission Agenda of December 14,
2000. - If approved, the case of Jesus Del Rio vs. City of Miami, 11th Judicial Circuit Court Case
No. 94-9018 CA (30) and Federal Court Case No. 00-1499-CIV-HIGHSMITH will be settled for
$75,000. Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.'S L L4
Please indicate your. review and approval hereinbelow by affixing your signature and
return this original memorandum to Beverly Solomon; Administrative Assistant II, of this office
as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
n/ - - n. ac,
MARIO SOLDEVILLA
ADMINISTRATOR
W509:BSS
Attachment
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND B GET:
LINDA HASKINS
DIRECTOR
City or rvilam
M�Ilgient & Budget
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TWO — 2 ' 02 (AM/EN)
Amount of S 21221" t"s
available in ac oount number
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