HomeMy WebLinkAboutR-97-0311J-97-277
4/23/97
RESOLUTION NO. 9 7 - 3 11
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO DOUGLAS SNYDER, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
LEONARDO NUNEZ MERCADO, DECEASED, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$250,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, ITS AGENTS, SERVANTS,
AND EMPLOYEES, IN THE CIRCUIT COURT OF DADE
COUNTY, CASE NO. 88-53801 CA 02, 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, Douglas J. Snyder, as Personal Representative of
the Estate of Leonardo Nunez Mercado, Deceased, through his
attorney, has filed a claim and lawsuit against the City of Miami
in the Circuit Court of Dade County, Florida, Case No. 88-53801
CA 02, for violation of federal civil rights and for wrongful
death; 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 $250,000.00
be paid, without any admission of liability, in full and complete
settlement of any and all claims and demands against the City of
ATTACHMENT (S)
CONTAINED
CITY COMMSSXON,,
MEETING OF
MAY Q 7 1997
Resolution No.
9 7 -- M
Miami, its agents, servants, and employees, in the Circuit Court
of Dade County, Florida, Case No. 88-53801 CA 02; and
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 Douglas J. Snyder, as Personal Representative of the
Estate of Leonardo Nunez Mercado, Deceased the sum of
$250,000.00, 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. 88-53801 CA 02, 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.
- 2 -
97- 311
PASSED AND ADOPTED this
7th da of May 1997.
JO CAROLLO, MAYOR
ATT T
LTER J. SOB' CITY CLERK
RISK MANAGEMENT REVIEW:
- i2i�ANK. ROLLASON, DIRECTOR
DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION
BUDGET AND AGEMENT ANALYSIS REVIEW:
W DIPAK PARE , DIRECTOR
PREPARED AND APPROVED BY:
CHARLES C. MAYS ° f
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
X. gulm O S, I I I
CITY ATTURMEY
W1555/CCM/BSS/kd
10
- 3 -
97- 311
'KIP
;T SCREENS �{
Otfile Budget Status
Account # Ell,620103.6340.65113
Account Name VEHICLE LIABILITY SELF FD
Updated Transactions
Revised Budget
- FY Encumbrances
+ FY Liquidations
- FY Actual
Non -Updated Transactions
- ,Journal Entries
- Req Encumbrances
+ Req Liquidations
- PO Encumbrances
- AP Encumbrances
- APrPO Invoices
+ APPO Liquidations
1,0001000.00+
180.75+
180.75+
541,463.04+
F5' S610
Control Digit 22
FY Unexpended
# ,of Entries
42,438.87+ 26
Available Budget
458,536.36+
4161038.09+
97- 311
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :Honorable Mayor and Members
of the City Commission
FROM : A. fn Jon s, I
City Attorn
DATE : May 1, 1997
FILE :
SUBJECT: Settlement of Douglas J. Snyder, as personal
representative of the Estate of Lenardo Nun
Mercado, et. al, v. City of Miami, et. al.
REFERENCES: Case No. 88-53801 (CA-02)
ENCLOSURES:
Claim No. 0 1 5/PT/89-029
The attached proposed Resolution is submitted for your consideration to authorize a settlement,
without the admission of liability, in full and complete satisfaction of any and all claims and
demands against the city of Miami, its agents, servants, and employees, in Dade County Circuit
Court Case No. 88-53801 (CA-02), in the amount of $250,000, from funds available in the City
of Miami Self -Insurance and Insurance Trust Fund, Index Code No. 620103-651.
This lawsuit arises out an incident that occurred on December 16, 1988, wherein Lenardo Nunez
Mercado died as a result of severe bodily injuries he sustained inside his home while in the
custody of Street Narcotics officers Pablo Camacho, Charles, Haynes, Ronald Sinclair, Tom
Trujillo, Nathaniel Veal, Jr., and Andrew Watson. The officers claim that they used force
against the decedent in self defense. The plaintiffs contend that the officers forcibly escorted the
decedent into his home and thereafter beat him to death; further, that the officers' supervisors —
Lieutenant Michael Christopher and Sergeant Manuel Orosa—conspired with the officers to
cover-up the officers wrongdoing.
The plaintiffs consist of Douglas Snyder, who serves in a representative capacity on behalf of
the decedent's estate and his seven children, and Maiitza Soto, the guardian of two of the
decedent's children who were themselves allegedly beaten and falsely arrested when they
attempted to stop the physical assault upon the decedent. Both plaintiffs have sued all of the
affected officers, the City, and Perry Anderson, the former Chief of Police, for federal civil rights
claims alleging a constitutionally unreasonable seizure (this includes not only the fatal force used
against the decedent, but also the excessive force used against two of the decedent's two
children and their arrest), and state law claims for wrongful death, assault and battery, and false
arrest.
As you know, the federal civil rights claims do not present a limitation on liability; moreover,
when a plaintiff prevails in such a claim the City may also be liable for attorney's fees and costs.
As for the state law claims, there is a limitation on damages: $100,000 per claimant, $200,000
per incident.
This claim has been investigated by the Division of Risk Management and evaluated by the Tort
Committee and it is agreed that the settlement in the amount of $250,000 is in the best interest
of the City. If this case were to proceed to trial it is extremely unlikely that the City will be able
to avoid a verdict in favor of the plaintiffs that would be substantially more. (This concern is
more acute with respect to the federal civil rights claims.)
97- 311