HomeMy WebLinkAboutR-93-0082J-93-106
1127/93
RESOLUTION NO.
•
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO DEMONT T. ADAMS, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
$80,000.00 IN FMZ AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF HIANI, IN CIRCUIT COURT CASE
NO. 91-01406 CA (20), UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO
BE PROVIDED FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND.
WHEREAS, Demont T. Adams, through counsel, filed a lawsuit
against the City of Miami, in Circuit Court Case No. 91-01406
CA (20), for personal injuries and negligence, arising out of an
incident wherein the said Demont T. Adams was shot with a firearm
at N.W. 37th Street and 3rd Avenue on August 3, 1989; and
WHEREAS, the above claim and lawsuit have been investigated
by the Torts Division of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami's Insurance and Self -Insurance
Program, and said Offices at this time recommend that this claim
and lawsuit be settled; and
WHEREAS, the City Commission deems a settlement in the
amount of $50,000.00 to be in the best interest of the City of
Miami;
cm CQMMSSION
XSETING OF
FE0 0 9 M3
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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 Demont T. Adams, forthwith, without the admission of
liability, the sum of $80,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 91-01406 CA (20), upon the execution of a
general release, in a form acceptable to the City Attorney,
releasing the City of Miami from all claims and demands; said
money to be provided from the Insurance and Self -Insurance Trust
Fund, Account No. 620101-651.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day Of
CITY CLERK
BUDGETARY REVIEW:
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
CCM:osk:M3406
EAVIER
SELF -IN
SUJAN C�
RISK MAN,
f
, 1993.
YOR
TRUST FUND REVIEW:
APPROVED AS TO FORM AND CORRECTNESS:
1
W. Q# fffN //JO ES , T ti
CITY AT�"Ey
-2- 93- 82
A
CITY OF MIAkli, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members of
the City Commission
r•
FROM : A . • inn y7'�0
City Att ,r p
DATE : January 27, 1993 F!LE
SUBJECT : Resolution Authorizing
settlement with
Demont T. Adams, Case
No.91-01408 CA (20)
REFERENCES City Commission Meeting
February 11, 1993
ENCLOSURES ( 2 )
The attaohed proposed resolution authorizes the Director of
Pinanoe to pay Demont T. Adams, without admission of liability,
the sum of $50,000.00 in full and complete settlement of any and
all olaims and demands against the City of Miami, upon the
execution of a Release of All Claims, releasing the City of
Miami, its agents, servants, and employees from any and all
claims and demands.
The complete evaluation of this claim is contained in the
attached Tort Committee settlement recommendation. In summary,
the claimant was mistakenly shot by a New Jersey police officer
who was allowed to participate as an armed police observer in an
undercover operation conducted by the Street Narcotics Task
Foroe. The potential damages are in exoess of $100,000.
This claim has been -investigated by the Tort Committee (a copy of
the authorization is attached), approved by the Risk Management
Division, and is hereby reoommended by this office.
Enos.
CON:osk
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CAI 0 �l
CITY OF MIAM1I. FLORIDA
a INTER -OFFICE MEMORANDUM
TO: members of the Torts Committee DATE January 27, 1993 FILE L-91-2
suer cr : Demont Adams v. Stanley Kalish
Case No.t 91-01406 CA-20
} Claim No.: 015T/PT 89-113
Charles C. days REFERENCES
Chief Assistant City Attorney
# ENCLOSURES'
SETTLEMENT MEMORANDUM
A. Factual Background
In late July, 1989, Stanley Kalish, a New Jersey police
officer, was authorized by the City of Miami Police Department to
come to Miami and ride with officers assigned to the Task Force
Street Narcotics Unit (Task Force"), so that he could receive
hands-on training involving undercover police drug operations,
which are commonly referred to as "drug -stings" and "buy -busts".
After Kalish arrived, he was allowed to ride with undercover Task
Force officers and to carry a concealed firearm.
On the night of August 3, 1989, Kalish was riding with
!_
Sergeant Payne when he and Sergeant Payne overheard a radio
I
transmission from Task Force officers Johnson and Jacobo. The
-
communication advised that they were following a young .African-
American male who was walking on Northwest 36 Street and that the
subject appeared to be carrying a rifle or shotgun that was
wrapped in a shirt. Johnson and Jacobo requested backup
assistance in order to detain and investigate the subject.
Sergeant Payne, along with Kalish, proceeded to the area.
Sergeant Griffin, another Task Force officer, also proceeded to
i
the area.
The subject, Demont Adams, a 17 year old high school student
with no prior arrest record, was walking home when he was
Initially observed by Johnson and Jacobo. Prior to Adams being
observed by Johnson and Jacobo, Adams had removed his shirt and
.wrapped it around a black umbrella that he was carrying. During
the course of his walk, he became aware that he was being
followed by two men in an automobile. He did not know, nor did
he have reason to know, that the two men -- Johnson and Jacobo --
were police officers because they were in an unmarked vehicle and
were dressed in civilian clothing.
r� N j 9382
When:. Johnson and Jacobo observed Sergeant Griffin's vehicle
approaching Adams from a frontal position, they stopped their Gar
behind him. After both vehicles had come to a stop, Sergeant
Payne drove past Johnson and Jacobo and stopped approximately 25
feet away from Adams. Adams stopped. Then Kalish exited
Sergeant Payne's car with his gun drawn. The five men ordered
Adams to "drop it". As Adams began to turn towards Kalish, he
was shot. After Adams fell to the street, the officers
approached him and discovered that the suspected rifle or shotgun
was actually an umbrella. '
B. Damages and Evaluation of Liabil.itg
The projectile caused a multiple fracture to the right femur
(thigh bone), for which surgery was performed at Jackson Memorial
Hospital on August 9, 1989, wherein a steel rod was inserted in
the right thigh, which was thereafter placed in a cast. Adams
was discharged from the hospital on August 13, 1989, for a total
hospital stay of ten days. His total hospital expenses were
$17,154. Additionally, Adams must undergo future surgery to
remove the steel rod. As a result of his injuries, Adams -- who
now attends Miami -Dade Community College -- walks with a slight
limp.
The City attempted to win this case on a motion for summary
judgment contending that (1) the City was not legally responsible
for Kalish's actions because Kalish was not an agent of the City,
and (2) even if Kalish were an agent of the City, his actions
were legally justified because he reasonably believed that Adams
was armed and that Adams was going to shoot him. The motion was
denied as to both reasons.
A jury could lawfully infer that the City was negligent in
several respects, including, but not limited to, the following
observations:
1. Adams had no way of knowing that the men who confronted
him were police officers. They were all using unmarked vehicles
and were dressed in civilian clothes. Once the decision was made
to confront Adams, it would have been better to have involved a
uniformed police officer, so as to avoid any confusion regarding
the identity of the parties.
2. Kalish was taken to the scene of the attempted
apprehension in violation of the standard operating procedures
governing the use of police observers. That 's.o.p. expressly
prohibits officers from placing police observers in a situation
whereby the observer would be in a position of danger or would be
required to use deadly force.
Adams has agreed to settle with the City for $50,000.
Lieutenant Brooks, the commander of the Task Force, participated
in the negotiations and concurs with that amount. Based upon the
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reasonable potential of a verdict far in excess of $50,o00, it is
hereby recommended that the settlement be ratified accordingly.
PRO f DISAPPROVED
Assistant City Attorney
Theresa L. Girten
Assistant City Att
David Forestier
Assistant City A
M1000/CCM/bf
amen R. Bittner
Assistant City Attorney
Assistant
Sujan S. Chhab a, D rector
:)rney Department of Risk Management
M V 4
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