HomeMy WebLinkAboutR-97-0526J-97-449
7/14/97
RESOLUTION NO. 9 7- 526
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY WILLIE GEORGE ROSS THE SUM OF
$16,000.00, PLUS COSTS IN THE AMOUNT OF
$2,609.83 PURSUANT TO COURT ORDER AND POST -
JUDGMENT INTEREST, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS
AND JUDGMENTS AGAINST THE CITY OF MIAMI,
PURSUANT TO THE FINAL JUDGMENT FOR PLAINTIFF,
AS ORDERED BY JUDGE MICHAEL H. SALMON OF THE
ELEVENTH JUDICIAL CIRCUIT COURT ON APRIL 27,
1995, AND AN AGREED ORDER TAXING COSTS AS
ORDERED BY JUDGE GERALD WETHERINGTON OF THE
ELEVENTH JUDICIAL CIRCUIT COURT ON JUNE 5,
1995, IN CASE NO. 92-9392 CA (15), WITH SAID
FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND, INDEX CODE
NO. 620103-652.
WHEREAS, WILLIE GEORGE ROSS, through his attorney, filed a
lawsuit against the City of Miami resulting from an incident that
occurred on November 1, 1990, at or near the New Lounge
Nightclub, Miami, Dade County, Florida; and
WHEREAS, a verdict against THE CITY OF MIAMI in the above
lawsuit was entered on April 26, 1995, and a Final Judgment was
entered on April 27, 1995, by Judge Michael H. Salmon, Eleventh
Judicial Circuit Court, and an Agreed Order Taxing Costs was
entered on June 5, 1995, by Judge Gerald Wetherington, Eleventh
Judicial Circuit Court, and all appeals having been exhausted;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
JUL 2 4 1997
Resolution No.
b7- 526
Section 1. The Director of Finance is hereby authorized
to pay to WILLIE GEORGE ROSS the sum of $16,000.00, plus costs in
the amount of $2,609.83 pursuant to court order and post -judgment
interest, in full and complete satisfaction of the Final Judgment
for Plaintiff, as ordered by Judge Michael H. Salmon of the
Eleventh Judicial Circuit on April 27, 1995, and an Agreed Order
Taxing Costs as ordered by Judge Gerald Wetherington of the
Eleventh Judicial Circuit, Case No. 92-9392 CA (15), with said
funds to be provided from the Insurance and Self -Insurance Trust
Fund, Index Code No. 620103-652.
Section 2. This Resolution shall become effective
immediately upon its adoption. ..
PASSED AND ADOPTED this 24th day o.f July , 1997.
CITY
77AGEM REVIEW:
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
- 2 - 97- 526
BUDGETARY MANAGEMENT ANALYSIS REVIEW:
Pi, l�
DIPAK M. PAREKH, DIRECTOR
PREPARED AND APPROVED BY:
it ® e-oo� I i
THERESA L. GIRTEN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
S, III
CI ATT Y
W1684/TLG:LB:BSS
- 3 -
97- 526
CITY OF MIAMI, FLORIDA 0 33
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and DATE
Members of the City Commission
SUBJECT:
FROM A. ulriri J S, III REFERENCES
Atto eyCity ENCLOSURES:
July 16, 1997 FILE : J-97-449
Willie Ross v. City of Miami
Case No.92-9392 CA (15)
City Commission Agenda
July 24, 1997
The attached proposed Resolution seeks authorization for the
Director of Finance to pay Willie George Ross the sum of
$16,000.00, plus post -judgment interest, and costs in the amount
of $2,609.83 pursuant to Court Order.
In April, 1995, a jury trial was conducted in this case
involving an injury to plaintiff that occurred while being
arrested with excessive. force. The jury awarded plaintiff
$16,000.00. The City appealed on the grounds that there could
not be "negligent" use of excessive force and an evidentiary
issue. The appellate court affirmed the Final Judgment in favor
of Mr. Ross. He is therefore entitled to post -judgment interest
on the jury verdict.
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 Insurance and Self -Insurance
Trust Fund, Index Code 620103-652.
W004:TLG:bss
97- 526 1
J
WILLIE GEORGE ROSS,-
Plaintiff ,
CITY OF MIAMI, a municipa�
corporation of the State.
Florida,
Defendant.
l
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CA LQ, _92-=93S2--i I5 )
APR 2 8 1995
Clerk of Circuit
& County Courts
Pursuant to the verdict rendered in this action,
IT IS ADJUDGED that Plaintifff WILLIE GEORGE ROSS recover from
the Defendant CITY OF MIAMI, a municipal corporation of the State
of Florida,
the sum of
Sixteen
Thousand and,no/100
($16,000.00)
Dollars that
shall bear
interest
at the rate of eight
(8%) percent
a year from the date hereof, all for which let. execution issue.
The Court reserves jurisdiction to tax costs upon appropriate
motion of the Plaintiff.. _ ..
ORDERED at Miami, Dade County, Florida on this day,
of. ,April, 1995.
CIRCUIT COURT JUDGE
Copies to:.
David M. Shenk man, P.A.
Hosey Hernandez, Esq.
STATE Nvi , Q@W1 ruornmer
I HEREBY CWIFT that I0 ►,y�� Agtl cor+oc l cony c i theo.igisol on 0ilhln+Asc+•J—•_ '�
k.MEY RUVIN, LLLKK, Oi :.i.cujt and h:Lrit, ..+ u •s
Deputy`•Cierk
MICHAEL H. SALMON
IFG3193
97- 526
3
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
_ FOR DADE COUNTY, FLORIDA
AUG �
GENERAL JURISDICTION DIVISION
i T Y C' `" ' CASE NO. 92-9392 (15 )
WILLIE GEORGE ROSS,
Plaintiff,
-vs-
CITY OF-MIAMI' a municipal
corporation of the State of
Florida,
Defendant.
AGREED ORDER TAXING COSTS
THIS MATTER was brought before the Court May 31, 1995 at 8:45
A.M. upon motion of the Plaintiff WILLIE.ROSS to tax costs against
Defendant CITY OF MIAMI, and. upon agreement of counsel for the
parties and the Court otherwise: being fully advised in the
_. _premises, it is upon consideration, ,
ORDERED AND ADJUDGED:
=1. That the Plaintiff's Motion to Tax Costs at the trial
level be and the same is hereby GRANTED.
2. That the Plaintiff WILLIE ROSS shall have and recover of
and from the Defendant CITY OF MIAMI, a Florida municipal
corporation., costs in the amount of Two Thousand Six Hundred Nine
and 83/100 Dollars. ($2,609.83), which shall bear interest at the
rate of 8% per year, for which let execution issue.
DONE AND ORDERED in Chambers at Miami, Dade County, Florida
0
this day of June, 1995.
JUDGE WETHERI.NGTON
CIRCUIT COURT JUDGE
Copies to:
David M. Shenkman, P.A.
David Forestier, Jr, Esq.
2
97- 526 5