HomeMy WebLinkAboutR-93-0083}}; 1/27/93
S RESOLUTION NO. 9 3W 83
4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JAIME ANDRADE, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $50,000.00
IN FULL AND COMPLETE SETTLED NT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN CIRCUIT COURT CASE NO. 91-01855
CA (10), 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, Jaime Andrade, through his attorney, filed a claim
and lawsuit against the City of Miami in the Circuit Court of
Dade County, Florida, Case No. 91-01855 CA (10), for personal
injuries and deprivation of civil rights, arising out of an
incident involving a City of Miami police officer on September
30, 1988, at N.E. 48th Street and Biscayne Boulevard; and
WHEREAS, the above olaim 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;
cirY COMMSSiON
PMTIKG OF
FEB 0 9 1993
R"Wutwn No.
93- 83
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TUB CITY
= OF MIAMI , FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay Jaime Andrade, forthwith, without the admission of
liability, the sum of $50,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 91-01838 CA (10), 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--Insuranoe Trust
Fund, Account No. 620101-681.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of -j bruary . 1993.
XAVIE SUAREZ, MAYOR
ATT T:
FATTY HIRAI
CITY CLERK
BUDGETARY REVIEW: SELF-INSU CE TRUST FUND REVIEW:
MANOHAR S. SURANAjY SUJAN S./bH4BRA, DIRECTOR
ASSISTANT CITY WAGER DEPARTMENT -OF RI34.MANA ENT
_= PREP ED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
_A ,
CHARLES C. MAYS A. QU J S, I i
= CHIEF ASSISTANT CITY ATTORNEY CITY ATTO
CCM:osk:M3407
_- -2-
93- 83
An
CITY OF MIAMI, FLORIDA (;Am
INTER-OFFICE MEMORANDUM
TO : Honorable Mayor and Members of DATE January 27, 1993 FILE
the City Commission
FROM: A. inn es
City At ney
SUBJECT : Resolution Authorizing
Settlement with
Jaime Andrade, Case
No.91-01888 CA (10)
REFERENCES City Commission Meeting
February 11, 1993
ENCLOSURES ( 2 `
The attaohed proposed resolution authorizes the Direotor of
Finanoe to pay Jaime Andrade, without admission of liability, the
sum of $50,000.00 in full and oomplete settlement of any and all
olaims and demands against the City of Miami, upon exeoution of a
Release of All Claims, releasing the City of Miami and its
agents, servants, and employees from any and all olaims and
demands.
The oomplete evaluation of this olaim is contained in the
attaohed Tort Committee settlement memorandum. In summary, the
olaimant olaims that he was unjustly beaten, arrested and
subjeoted to an unwarranted oriminal proseoution by a City of
Miami polioe officer whioh oaused him personal injuries, legal
expenses, and a deprivation of federally protected rights.
This olaim has been investigated by the Tort Committee Ca oopy of
the authorization is attaohed), approved by the Risk Management
Division, and is hereby reoommended by this offioe.
Enos .
-;! CCM : osk
93- 83
(1A 11—!
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Members of the Tort Committee DATE : January 27, 1993 FILE: L-91-01
SUBJECT
FROM :Charles C
MaU~ys - REFERENCES
Chief .Assistant City Attorney
ENCLOSURES:
Jaime Andrade v. City of
Miami and T. Laura
Case No. 91-01855 CA 10
Claim No. 015 f PT-90-018
SETTLEMENT MEMORANDUM
On September 30, 1968, the plaintiff, Jaime Andrade, age 50,
was notified that his wife had been injured in an automobile
accident. Mr. Andrade proceeded to the accident scene, which was
being handled by Miami police officer Laura.
Mrs. Andrade was trapped inside her automobile and efforts
were being made to remove her. Officer Laura indicates that Mr.
Andrade became excitable and began to interfere in the effort to
free Mrs. Andrade from the car. An altercation ensued between
the officer and Mr. Andrade, which culminated in Mr. Andrade
being struck in the face by the officer and arrested for
assaulting the officer.
Mr. .Andrade was transported to jail and released the next
day on bond. He engaged an attorney to defend him on the
criminal charges, for which he was found not guilty.
vi
He sued the City and the officer for deprivation of his
civil rights pursuant to 42 U.S.C. Section 1983, assault and
battery, false arrest, and malicious prosecution (asserted only
against the officer). The lawsuit seeks compensatory damages
'
against the City and the officer, and punitive damages against
the officer. Punitive damages are damages awarded above and
beyond compensatory damages. It must be noted that damages
awarded under 42 U.S.C. Section 1983 are not subject to the
$100,000 limitation on damages as provided for in Section
768.28(5), Florida Statutes; moreover, a successful Section 1983
plaintiff is entitled to recover attorney's fees and costs under
y'
-42 U.S.C. Section 1988.
Mr. Andrade'ss nose was broken as a result of the blow to his
fairs, for which he twice received plastic surgery. He also was
treated by an optomologist for an injury to his left eye. His
medical expenses were approximately $6000.00. Such expenses are
recoverable as compensatory damages if liability is established.
Members of the Tort Committee
Res Jaime Andrade v. City of Miami
and T. Laura
January 27, 1993
Page 2
Another item of compensatory damages are the expenses
associated with the criminal proceedings. He spent $500 to bond
out of jail and paid his criminal defense attorney $8,500 to
defend him. The $500 is recoverable under the false arrest
claim, and the $8,500 is recoverable under the malicious
prosecution law.
The more significant exposure concerns pain and suffering,
and the federal civil rights claim.
Liability will be determined on the issue of credibility.
it is my considered ,judgment that Mr. Andrade will win the
credibility issue. This is so primarily because the incident was
witnessed by a Catholic priest who corroborates Mr. Andrade's
account that he did not assault the officer; further, the priest
has also testified in deposition that Mr. Andrade was not struck
once by the officer - as the officer contends - but repeatedly.
The photographs taken of Mr. Andrade's facial injuries and the
nature of those injuries tend to show that Mr.. Andrade was in -
fact struck more than once.
In view of the probability of liability being proven by the
plaintiff and his entitlement to fixed compensatory damages as
set forth above, the uncertainty of the amount of damages for
pain and suffering, as well as the absence of any limitation for
damages for the civil rights claim (and attorney's fees under 42
U.S.C. Section 1988 for the civil rights damages), it is strongly
recommended that this case be settled for $50,000, without any
admission of liability.
PRO %DISAPPROVED: .17 to(2, f
City Arptney
)wrren Bittner
,assistant Cit t orney
jq - - <�
Assistant Cit Att ey
Assistant
Assis
Assistant
1.%.%JLjmy //r- /
93- 83
Members of the Tort Coimnittee
Res Jaime Andrade v. City of Miami
and T. Laura =_
January 27, 1993
Page 3
David Z. S " r' �C�� heresa L. Girten�
Assistant rney Assistant City Attorney
Sujan S. Coh4br Director
Risk Man&" -m t ment
CCM:ra2Ml004