HomeMy WebLinkAboutR-96-0580J-96-624
7/9/96
RESOLUTION NO. 9 6- 580
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY ERNESTO GALBAN AND JUANA
GALBAN, HIS WIFE, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $135,000.00 (PAYABLE IN
TWO (2) INSTALLMENTS: THE FIRST IN THE AMOUNT
OF $100,000.00 PAYABLE AS SOON AS POSSIBLE
FOLLOWING THE DATE OF THIS RESOLUTION, AND
THE SECOND, IN THE AMOUNT OF $35,000.00
PAYABLE THE FIRST WEEK IN JANUARY, 1997), IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
IN THE UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 95-1515-CIV-
GRAHAM, 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 FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND,
INDEX CODE NO. 620101-651.
WHEREAS, Ernesto Galban and Juana Galban, his wife, through
their attorneys, filed a claim and lawsuit against the City of
Miami, in the United States District Court, Southern District of
Florida, Case No. 95-1515-CIV-GRAHAM, for alleged violation of
their civil rights arising out of their arrests that occurred on
August 29, 1993, at the Los Amigos Bar, located at 5500 West
Flagler Street, Miami, Dade County, Florida; 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's Insurance and Self -Insurance Trust
CITY COMMISSIC
MEETING OF
J U L 2 5 199'
Resolution No.
96- 580
Fund and said Offices recommend that said claim and lawsuit be
settled for the sum of $135,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay Ernesto Galban and Juana Galban, his wife, forthwith,
without the admission of liability, the sum of $135,000.00
(payable in two (2) installments: the first in the amount of
$100,000.00 payable as soon as possible following the date of
this Resolution, and the second, in the amount of $35,000.00,
payable the first week in January, 1997), in full and complete
settlement of any and all claims and demands against the City of
Miami, asserted in the United States District Court, Southern
District of Florida, Case No. 95-1515-CIV-GRAHAM, upon the
execution of a general release, in a form acceptable to the City
Attorney, releasing the City of Miami, its present and former
officers, agents and employees, from any and all claims and
demands, with funds therefor hereby allocated from the Insurance
and Self -Insurance Trust Fund, Index Code No. 620101-651.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 25th lof Ju 1996C L_e��v
f—ellROLLO, MAYOR
ATTEST:
L%
WALTER F RMAN
CITY CLERK
- 2 -
96- 580
RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
BUDGETA REVIEW:
MAN HAR S. SURANA
i ASSISTANT CITY MANAGER
PREPARED AND -'APPROVED BY:
i
WA EN BTTTNER
ASrSISTANT CITY ATTORNEY
i�
I
l APPROVED AS TO FORM AND CORRECTNESS:
A. QeANN 0 II
CITY AT T BY
W958/WB/bss
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90- 580
TO
FROM
Honorable Mayor and Members
of the City Commission
��
A. Quin
City Att
/if
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM 46
DATE: FILE
July 9, 1996 L-95-191
SUBJECT: Resolution Authorizing Settlement with
Ernesto Galban and Juana Galban
REFERENCES : City Commission Agenda
July 25, 1996
ENCLOSURES: (1)
Attached is a proposed Resolution authorizing the Director of Finance to pay Ernesto Galban
and Juana Galban, without admission of liability, the sum of $135,000.00 (payable in two (2)
installments: the first in the amount of $100,000.00, payable as soon as possible following the date of
this Resolution, and the second in the amount of $35,000.00 payable the first week in January, 1997),
in full and complete settlement of any and all claims and demands against the City of Miami upon the
execution of a Release of All Claims, releasing the City of Miami, and its present and former officers,
agents and employees, from any and all claims and demands.
The complete evaluation of this claim is contained in the Tort Committee settlement
memorandum, previously submitted to you. In brief, the claimants allege that their civil rights were
violated when they were arrested, during which force was used. Ernesto Galban is claiming brain
damage resulting from multiple blows to his head from a blunt object requiring thirty-five (35) stitches
to surgically close.
This claim has been investigated by the Tort Committee and the Division of Risk
Management, and is hereby recommended by this Office.
WB:BSS:W079
cc: Cesar H. Odio, City Manager
96- 580
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