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Home My WebLink AboutR-97-00171 ~ I 1 J-97-018 12/23/96 y 7 _ '7 RESOLUTION N0. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ARLENE S. REES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID I. REES, JR., DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY, CASE NO. 95-02924 CA 13, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-651. WHEREAS, .Arlene S. Rees, in her individual capacity and as personal Representative of the Estate of David I. Rees, Jr., deceased, through her attorney, has filed a claim and lawsuit against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 95-02924 CA 13, for negligence arising out of an automobile accident; and WHEREAS, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management pursuant to Ordinance No. 8417, which created the City of Miami Self -Insurance and Insurance Trust Fund; and WHEREAS, said Offices recommend that the sum of $50,000.00 be paid, without any admission of liability, in full and complete settlement of any and all claims and demands against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 95-02924 CA 13; and CITY COTOUSSYON METING OF Resolution No. 97- 17 WHEREAS, funds are available from the City of Miami Self - Insurance and Insurance Trust Fund for the payment of said settlement; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Director of Finance is hereby authorized to pay to Arlene S. Rees, in her individual capacity and as Personal Representative of the Estate of David I. Rees, Jr., deceased, the sum of $50,000.00, without any admission of liability, in full and complete settlement of any and all claims and demands against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 95-02924 CA 13, upon the execution of a General Release releasing the City of Miami from any and all claims and demands, with funds therefor hereby allocated for said settlement from the City of Miami Self -Insurance and Insurance Trust.Fund, Index Code No. 620103-651. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 16th day f Januar-v 1997. �'�ROLLO, MAYOR AT,T-�',S,T : � � WALTER J.�FO ,✓CITY CLERK -2- 97- 17 RISK MANAGEMENT REVIEW: .....__..... FRANK K. ROLLASON, DEPUTY CHIEF RISK MANAGEMENT DIVISION BUDGETARY REVIEW: MICHAEL LAVIN DIRECTOR OF FINANCE PREPARj D" AND A�PPROV c DAVID Z. STO& ASSISTANT CIiT-Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W1340/DZS/ss Wo 97- 17 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Members of the Tort Committee FROM : S David Z. Stone Assistant City Attorney DATE : December 10, 1996 FILE : L-94-137 SUBJECT : Arlene Rees, et al. vs. City Case No. 95-02924 CA 13 Claim No. 017/V94153 REFERENCES: D/A: April 1.0, 1994 L/A: S. W. 8th Street ENCLOSURES: On Sunday, April 10, 3.994, City of Miami police officer Juan Gonzalez was in his police cruiser traveling west bound on S. W. 8th Street in the left lane. At approximately 10:42 p.m., David Rees was attempting to cross S. W. 8th Street. As he made his way across the middle of the street, Mr. Rees was struck and killed by the City police car. The police vehicle had no emergency lights or sirens on at the time of the accident, even though the officer was responding to a call involving a man with a gun. The officer was not very familiar with the area where the accident occurred. The officer testified that just prior to the collision he did not see anyone crossing the street. Mr. Rees, the victim, made contact with the left front of the police vehicle damaging the hood and windshield. The officer did not even realize that he hit someone until he exited his vehicle. Witnesses to this accident state that the officer was traveling at an excessive rate of speed. Mr. Rees did not die instantly, but did die Later that night at Jackson Memorial Hospital. The Dade County Medical Examiner listed the cause of death as multiple blunt trauma injuries.. At the time of his death, Mr. Rees was a divorced father of two small children ages 9 and 6. Both children suffer from a congenital heart problem and require cardiovascular care. Mr. Rees was a certified electrician by trade but at the time of this accident he was not employed. He would see his children on a regular basis. 9'7 _ 17 Members of the Tort immittee Decer, r 10, 1996 Page -2- The Plaintiffs are represented by Steven G. Schwartz, Esq., Mattlin & McClosky located at 2300 Blades Road, Suite 400, East Tower, Boca Raton, Florida 33431. Liability is adverse to the City of Miami. The police officer was responding to a call and according to witnesses, he was traveling at a high rate of speed. The officer did not have his emergency lights or siren operating at the time of the accident. Moreover, the officer was not familiar with the area in which he was traveling which would suggest that he should have been even more cautious of his surroundings. Juries tend to have a great deal of sympathy for pedestrians who are hit by motor vehicles regardless of whether there is comparative negligence on the part of the pedestrian. It can be argued that Mr. Rees was not crossing at a crosswalk or should have been watching where he was going. Nonetheless, a jury will probably be more sympathetic for Mr. Rees because the officer was speeding and did not have his emergency lights or siren in operation. Jury sympathy will be even more elicited by the fact that Mr. Rees had two surviving young children. If the Plaintiffs' attorney allows them to testify as to their loss, a jury verdict could be enhanced to upwards of a million dollars. The Plaintiffs are asking for loss of parental c:ompaizionship, loss -of support as well as pain and suffering. Considering the facts of this case, the City could get hit with a judgment far exceeding the amount of the statutory limit. Despite a liability reduction for comparative fault, the exposure to the City is substantial. A mediation conference was held on September 10, of Miami was represented by Assistant City Forestier, Jr. After extensive negotiations agreed to accept $50,000.00 in full settlement of believe this is an extremely fair and economical the City of Miami and urge your approval. SSNO03TORT.DOC 1996. The City Attorney David the Plaintiffs this claim. I resolution for 97- 17 Members of the Tort jmmittee Decent. _r 10, 1996 Page -3- A RO /DISAPPROVED - Authority to settle in the amount of 0, 0.00. yw" all� C ES C. YS CHIEF.ASSISTANT CITY ATTORNEY 4,v� CHR STOPHER F . KURTZ'`�" d i ASSISTANT CITY ATTORNEY W N BITTNER A ISTANT CITY ATTORNEY THERESA L . GIRTEN ASSISTANT CITY ATTORNEY FRANK K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT DZS/Ss SSM003TORT.DOC AL n� 9 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission FROM : 106C/' A`. uinn o es, III City Att� ey DATE : December 23, 1996 FILE: J-97-018 SUBJECT : Proposed Settlement Arlene Rees, et al. v. City Case No. 95-02924 CA 13 REFERENCES : City Commission Meeting January 9, 1997 ENCLOSURES : ( 1 The attached proposed Resolution is being submitted for your consideration to authorize a settlement, without any admission of liability, in full and complete settlement of any all claims and demands against the City of Miami, in Dade County Circuit Court Case No. 95-02924 CA 13 ArJ-e-ile Rees. in her -ndiy_ idual c_ aritv and as Personal . 1 Bpi—zes-emtat i ve of Lhe _Es -a -! of David T . LTr_ , De s_e�vs City of Bi-suli, in the amount of $50, 000 . 00. Funds are available from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code No. 620103-651. A complete analysis and description of this case is fully set forth in the attached memorandum to the Members of the Tort Committee. This claim has been investigated by the Division of Risk Management and evaluated by the Tort Committee and it is agreed that the settlement is in the best interest of the City. AQJ/ss attachment SS:W004COMM.DOC 1 97— 1 t s 0