HomeMy WebLinkAboutR-94-0018J-94-1
12/22/93
RESOLUTION NO. 9 4 8
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SYLVESTER SIMMONS, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
JEFFREY A. VAN (DECEASED), THE SUM OF
$75,000.00, 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. 92-7245 CA (32); ALLOCATING
FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND.
WHEREAS, SYLVESTER SIMMONS, as Personal Representative of
the Estate of JEFFREY A. VAN (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. 92-7245 CA (32),
for police conduct resulting in the wrongful death of his son,
JEFFREY A. VAN; and
WHEREAS, the above claim and lawsuit has been investigated
by the Tort Committee of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami Self -Insurance and Insurance
Trust Fund; and
WHEREAS, the said Offices recommend that the sum of
$75,000.00 be paid without any admission of liability;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COIyIIV sslox
MEETING Or
Resolution No.
9 18
s
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 SYLVESTER SIMMONS, as personal Representative of the
Estate of JEFFREY A. VAN (Deceased), the sum of $75,000.00,
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. 92-7245 CA (32), with said funds therefor hereby allocated
from the City of Miami Self -Insurance and Insurance Trust Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of January 1994.
ATTEST: 2 STEMiEN P. CLA , MAYOR
MATTY HIRAI, CT LEA
SELF-INSURA E TRUST FUND REVIEW:
SUJAN CHHAP4A, VIRECTOR
DEPARTMEN 0 R SK MANAGE
PREPARED AND APPROVED BY:
iW � - W
ON M. FIRTE
ASSISTANT CITY ATTORNEY
LMF/cm/bss/M4033
-2-
BUDGETARY REVIEW:
A /.- Qf,.,c
M�NO S . SURANA
8S' S ANT CITY MANAGER
(•
APPROVED AS TO FORM AND
CORRECTNESS:
94 "` g
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUP
TO: Honorable Mayor and Members
of the City Commission
;:;FROM : A .,QuItnn J n e,lI I
City to y
:AZ-17
DATE : FILE : .T-94-1
December 22, 1993
SUBJECT : Simmons/Van v . City
Circuit Court 92-7245 (32)
Claims No. 015/PT91055
REFERENCES:
ENCLOSURES
The attached proposed Resolution is being distributed to you
at this time so that you may review the item for consideration at
the City Commission Meeting of Januarv_13, 1994. The Resolution
seeks Commission approval to settle the above-referenoed case for
the sum of $75,000.00 without any admission of liability.
The details of the case can be found in the Tort Memorandum,
enclosed for your information.
AQJ/LMF/cm
94- 18
TO :
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Members of the Tort Committee
Law Department
FROM Leon M. Firtel
Assistant City Atto
DATE : December 6, 19 9 3 FILE
EJECT : Simmons/Van v. City
Case No. 92-7245 CA 32
Claims No 015/PT91055
FERENCES LT-9200099
V ENCLOSURES:
i
i
REQUEST FOR SETTLEMENT AUTHORITY
j Plaintiff, Sylvester Simmons, father of the deceased minor,
i
j Jeffrey A. Van, has sued the City of Miami as. a result of a
police chase conducted on February 15, 1991, wherein Plaintiff's
decedent, Jeffrey A. Van was killed by a vehicle that was driven
by Gary Bradshaw. Plaintiff is being represented by James Traitz
of Freshman, Freshman & Traitz, P.A.
FACTS
After initially being stopped by police officers for a
traffic violation, Gary Bradshaw (who was known to one of the
police officers making the initial stop) fled the scene in the
vicinity of 20th Avenue and Northwest 65th Street in Miami,
Florida. A high speed chase followed. After travelling up and
down the streets in the area, Gary Bradshaw struck and killed
Jeffrey A. Van, age 4, who was playing in the street in front of
his parents' home. Mr. Simmons is suing for mental pain and
suffering and funeral expenses incurred as a result of the death.
94- 18
Page 2 December 6, 1993
Tort Committee Simmons/Van Settlement
The Plaintiff's eye witnesses and Bradshaw will testify that
a Miami Police Department vehicle was anywhere from 2 car lengths
to 1/2 a block behind Bradshaw's vehicle throughout the chase.
Our police officers claim that they lost sight of the Bradshaw
vehicle in the area of 63rd Street and 16th Avenue and that they
proceeded into the county (boundary line 17th Avenue) to search
for Bradshaw's vehicle. They claim that they were not behind the
Bradshaaw vehicle once it crossed 17th Avenue.
Gary Bradshaw was charged with vehicular homicide and was
found guilty and served time in jail.
RECOMMENDATION AND EVALUATION
Mr. and Mrs. Simmons will make good and very sympathetic
witnesses as to damages. The story told by their eyewitnesses and
the officers are irreconcilable, but if Plaintiff's version is
accepted by the jury, I evaluate the case as having a verdict
value of in excess of the CAP. Plaintiff has reduced his demand
to $75,000.00 after long hours of negotiation. In light of the
general climate regarding police cases, the eye witnesses'
testimony it is my suggestion that we should authorize the sum of
$75,000.00, which will result in c se ing resolved.
Please indicate your ap oval disapproval and any comments
below.
1 1411110411'"
J
94- 18
Page 3 December 6, 1993
Tort Committee Simmons/Van Settlement
CITY ATTORNEY
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTO I
ZILS
ID FORE TIER
ASSISTANT C TORNEY _ Al A;AIY
2(
THERESA L. GI EN
ASSISTANT CITY ATTORNEY
0
DAVID Z . ,,STO E
ASSISTAN TY ATTORNEY
7�1 ''n
`
S10J'AN S . CHHA9RA, DIRECTOR
RISK MANAGEMENT
94- 18
r
Page 4 December 6, 1993
Tort Committee Simmons Van Settlement
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94- 18