HomeMy WebLinkAboutR-97-0392I n
J-97-308
5/28/97
RESOLUTION NO. 3 7— 392
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY PETER SCHULZ THE SUM OF $37,800.00,
PLUS COSTS IN THE AMOUNT OF $2,550.40 PURSUANT TO
COURT ORDER, IN FULL AND COMPLETE SATISFACTION
OF ANY AND ALL CLAIMS, DEMANDS AND JUDGMENTS
AGAINST THE CITY OF MIAMI, PURSUANT TO TI4E FINAL
JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE
MARGARITA ESQUIROZ OF THE ELEVENTH JUDICIAL
CIRCUIT COURT ON MAY 21, 1997, IN CASE NO.
94-13900-CA (10), ALLOCATING FUNDS THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 620103-652.
WHEREAS, Peter Schulz, through his attorney, filed a lawsuit against the City of Miami
resulting from an incident that occurred on October 2, 1993, at the Orange Bowl, Miami, Dade
County, Florida; and
WHEREAS, a verdict against the City of Miami in the above lawsuit was entered on
November 7, 1996 and a Final Judgment was entered on May 21, 1997 by Margarita Esquiroz,
Eleventh Judicial Circuit Court;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
J U N 0 9 1997
Resolution No.
[A
Section 1. The Director of Finance is hereby authorized to pay to Peter Schulz the sum of
$37,800.00, plus costs in the amount of $2,550.40 pursuant to court order, in full and complete
satisfaction of the Final Judgment for Plaintiff, as ordered by Judge Margarita Esquiroz of the
Eleventh Judicial Circuit on May 21, 1997, Case No. 94-13900-CA (10), with funds therefor
hereby allocated from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code
No. 620103-65 2.
Section 2. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 9th day of June 1997.
ATTEST: CCU
JOE CARWO, MAYOR
WALTER MAN, CITY CLERK
RISK M GEMENT REVIEW:
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
PREPARED AND APPROVED BY:
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
CFK/pb/csk/W 1598
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BUDGETAR REVIEW::
V��-Ifm �
DIPAKH PAREKH, DIRECTOR
BUDGET & MANAGEMENT ANALYSIS
APPROVED AS TO FORM AND
C 0RRF.C'.TNF.SR
9'7- 392
I
1)
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE : May 28, 1997 FILE: LT•94.217
Members of the City Commission
SUBJECT: Peter Schulz v. City of Miami
Case No. 94-13900-CA (10)
9 City Commission Agenda
FROM: A. Q inn J n , III REFERENCES: June 9, 1997
City Att y ENCLOSURES: (1)
The attached proposed Resolution seeks authorization for the Director of Finance to pay
Peter Schulz the sum of $37,800.00, plus costs in the amount of $2,550.40 pursuant to court
order.
November 5-7, 1996, a jury trial was conducted in this case involving an injury to Plaintiff
that occurred while being arrested by a City of Miami police officer. The jury awarded Plaintiff
$70,000.00 against the City but found Plaintiff 46% negligent which reduced the award to
$37,800.00. We determined there were no viable grounds for appeal.
In order to comply with the Final Judgment of the court, the attached Resolution has been
prepared authorizing payment as ordered by the Final Judgment. Funds for said payment are
available from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code No.
620103-653.
AQJ/CFK/pb/W017
Attachment
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