HomeMy WebLinkAboutR-94-0867J-94-934
11/10/94 94r 8G7
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ERWIN STEWARD THE SUM
OF $40,000.00, 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. 93-15100 CA (05); ALLOCATING
FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND.
WHEREAS, ERWIN STEWARD, through his attorney, has filed a
claim and lawsuit against the City of Miami, in the Circuit Court
of Dade County, Florida, Case No. 93-15100 CA (05), for
negligence based on certain police conduct resulting in the
injury of the Plaintiff, ERWIN STEWARD; 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, said Offices recommend that the sum of $40,000.00
be paid without any admission of liability;
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
CITY COD01ISSION
MEETING OF
DEC n 11g94
ResolutionNo.
94 - 867
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay to ERWIN STEWARD the sum of $40,000.00, 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. 93-15100 CA (05),
with 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 1st day of December 1994.
x g, q eg?L
STEPItEN P. CLARk, MAYOR
ATTEST:
' �yMATTY MAI , CITY 'CLERXV
II
SELF-INSURA US FU D REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
PREP
LBOW M. F
ASSISTANT
LMF/cm/bss/M4729
ED /BY :
BUDGETARY REVIEW:
AN S. SURANA
ASS S ANT CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
t /
A/. QUINN ES, III
CITY ATT EY
94— 8G 7
-2-
CITY OF MIAMI, FLORIDA C-A=121
INTER -OFFICE MEMORANDUM
TO: honorable Mayor and Members DATE : November 16, 1993 FILE:
of the City Commission
sue.iECT Steward v . City of Miami
Circuit Court 93-15100 (05)
/ Claims No. 015/PT93040
FROM : A:Q inn J nes , III REFERENCES:
City At ney
ENCLOSURES:
The attached proposed Resolution is being submitted for your
review for settlement of the above -referenced case in the amount
of $40,000 without any admission of liability.
The details of the case are set forth in the Tort Memorandum
previously forwarded to you.
AQJ/LMF/cm
94-- 867
ex/x-1