HomeMy WebLinkAboutR-94-0868J-94-935
11/15/94
RESOLUTION NO.9 4 8 6 8
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JOHN DOVER THE SUM OF
$80,000.00, 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. 93-17759 CA (13),
OR IN THE ALTERNATIVE, AUTHORIZING THE CITY
ATTORNEY TO MAKE AN OFFER OF JUDGMENT IN A
LIKE AMOUNT, WITHOUT ANY ADMISSION OF
LIABILITY; ALLOCATING FUNDS THEREFOR FOR SAID
SETTLEMENT OR SAID OFFER OF JUDGMENT,
WHICHEVER IS APPLICABLE, FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND.
WHEREAS, JOHN DOVER, through his attorney, has filed a claim
and lawsuit against the City of Miami, in the Circuit Court of
Dade County, Florida, Case No. 93-17759 CA (13), for negligence
based on certain police conduct resulting in the injury of the
Plaintiff, JOHN DOVER; 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-Insuranoe and Insurance
Trust Fund; and
WHEREAS, said Offices recommend that the sum of $80,000.00
be paid without any admission of liability, in full and complete
settlement of any and all claims and demands against the City of
CITY COKKISSION
MEETING OF
DEC 0 1 1Q94
Resolution �Njo,
94— G68, ,
Miami in the Circuit Court of Dade County, Florida, Case
No. 93-17759 CA (13), or in the alternative, it is recommended
that the City Attorney make an Offer of Judgment in a like
amount, without any admission of liability; and
WHEREAS, funds are available from the City of Miami Self -
Insurance and Insurance Trust Fund for the payment of said
Settlement or Offer of Judgment, whichever is applicable;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay to John Dover the sum of $80,000.00, 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. 93-17759 CA (13), or in the
alternative, the City Attorney is hereby authorized to make an
Offer of Judgment in a like amount, without any admission of
i liability, with funds therefor hereby allocated for said
Settlement or Offer of Judgment, whichever is applicable, from
the City of Miami Self-Insuranoe and Insurance Trust Fund.
J4-- 868
-2-
Section 3. This Resolution shall beoome effeotive
immediately upon its adoption.
ATT
PASSED AND ADOPTED this 1st day of December 1994.
q 94,4j-,
m: r STEMiEN P. CLARIJ, MAYOR
IEW:
k_-'FRANk K. ROLLASOtt', DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
BUDGETARY REVIEW:
IV-0-
M AR S. SURANA
AISSTANT CITY MA ER
PREPAIRED AND PPR ,ED/Q:
L-EON M . %FTRTEL A
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU NN 0 ES, III
CITY ATT EY
I
LMF/om/bss/M4730
94- 868
-3-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE : November 16, 1993 FILE :
of the City Commission
suaiEcr : Dover v. City of Miami
�Circuit Court 93-17759 (13)
Claims No. 015/PT93015
FROM : A. 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 $80,000 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- 868
e".113-I