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Home My WebLink AboutR-93-0376J....95--510 7/6/93 RESOI;PTION NO. •; _ i) A RESCI=ON AUTBDRJZING THE DIRFJMR OF FINANCE TO PAY AN AMOUNT, AS MORE PARTICULARLY HEREIN DESCR.IBF.D, TO WAUNEDA NEAL, AS NATURA.T, PARENT AND GUARDIAN OF AN`IW10 EDWARDS, INCAPACITATED, TAWxENIKA EDWARDS, HIS WIFE, INDIVIDUALLY AND AS MO=, NATURAL GUARDIAN AND NEXT OF FRIEND OF ANT'CXNIO EDWARDS, JR . , A MLNOR, AND TO CERTAIN PRIVATE AND INSTITUTIONAL HEALTH CARE PROVIDERS OF ANTMO EDWARDS, IN FULL A14D CQMPI � SFrILE24M OF ANY AND ALL C IADI; AGAINST THE CIT`i OF MIA1a , ITS AGENTS, SERV',NTS , AND IIMP10= , IN TEE UNITED STATED DISTRICT COURT, SOU EW DISTRICT OF FLORIM, 'CASE NO.: 92-0405-CIV- NESB= . WHEREAS, WAUNEDA NEAL, as natural gtaxdi.an ax)d parent of Antonio Edwards, incapacitated, asid Tangenika, Edwards, his wife, individually and as mother, natural guardian and next of friend of Antonio Edwards, Jr., a minor, through their attorneys, filled a claim for personal injuries and deprivation of civil rights, arising out of an incident involving City of Miami. police officers on January 3, 1992, at Northwest 53rd Street and 2nd Avenue, in Miami., Dade County, Florida; and Wh'EREAS, the above claims and lawsuit have been investigated by the Torts Division of the City Attorney's Office and the IlepartnIent 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 reoommend that the above claims and lawsuit be settled; and CITY COMI►"IISSION MEETIIJC OF JUN 2 9 1993 R•.atitim tio. 93- 376 J--a3- 510 r7/G/93 11 ai a ,qM- JI'J.ON NO . A RE,t47fl iJ`I'ICZN AUTHORIZING THE DIRB= OF FINANCE TO PAY AN AMtXW , AS MORE PAIMCUTARLY MZEIv DESCRIBED, TO WALMM NEAL, AS NATURAL PAR&NT AND GUARDIAN OF AN71NI0 EDWARDS, INCAPACITATED, TANGEi+IIKA EDRARDS, HIS WIFE, INDIVIDUALLY AND AS HUI'HER, NATURAL GUARDLAN AND NEXT OF FRIEND OF ANIONIO EDWARDS, JR., A mnm, AND TO CERTAIN PRIVATE AND INSTITUTIONAL HEALTH CARE 1W,=ERS OF ANTONIO EDWARDS, IN FUIS, Arm OOMPLETE SEZTIEMENT OF ANY AMID AIL CLA.310 AGAINST T11E CITY OF I�T...AMI , ITS AGENTS, SERVANTS, AND LM11 YEI;S , IN THE UNITED STATED DISTRICT OOURr, SUUPH= DISTRICT OF FWRI DA, CASE NO.: 92-XO5-CIV- IdFSBIfir . Vim, WArNEDA NEAL, as natura.1 guazdi.an and parent of Antonio Edwards' incapacitated, aaxl Ta 4enDl:a Edwards, his wife , individually and as mother, natural guardian a d next of friend of Antonio Fdwazds, Jr., a minor, through their attorneys, filed a claim for personal injuries and deprivation of civil rights, arising out of an incident iiivolving City of Miami police offioears on January 3, 1992, at Northwest 53rd Street and. 2rxi Avenue, in Miami, Dade County, Florida.; and W E AS, the above claims and Lawsuit have been investigated by the Torts I)ivision of the City Attorney's Offioe and the Department of Risk Management pursuant to Ordinanoe No. 8417, which oreated the City of Miami's Insurance and Self-Ins-uranoe Program, and said offices at this time reommend that the above claims and lawsuit be settled; and CITY COMMISSION MEETING OF J U N 2 9 1993 Rosolutiga No. 93-- 3'76 13 WiiFT?FAS, the City (_'%)TTL-scion cleenis a, sett_lefnen.t in the aznerant�q set forth hereirbelow to be in the best interest of the City of Miami; NOW, THERr"FORE, BED IT RES(MVED ITf THE CIOMMISSIM OF TIM CITY OF MI.AMI, Section 1. The recitals and fizifflangs set forth in the Preamble to this Resolution axe 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 the following : (a) : $537,197. An arxiui.ty for Antonio Fdwards, Jr. utilizing Ri.ngler Associates who will purchase said annuity through its agent, Gerald Greger, from Allstate Life Insurance Company. Said annuity is to be puxohased forthwith. (b) B3at Nedital xLILIS of AUbMID ate: All outstanding medical bills 'i s incurred for the caxe and treatment of Antonio Edwards by North Shore Medical Center; Jackson Memorial Hospital; Cedars Medical Center; University of Miami. Depaxtrnent of Neurology; Human Resources Health Center; Kenneth C. Fischer, M.D., P.A.; and Fernando L. Martinez- Catinchi, M.D. (c) c=Pl.au for Antonio B3wazds: The City of Miami shall pay for Antonio Edwards' Continuing medical case at North Shore Medical Center at the rate of $975.00 per day with, a three percent infLation factor per year for as long as Antonio Edwards lives. In the event that Antonio -2- 93- 3'76 tj:iwarc,s' gua.jxjji.n obtains p-.. ftssa.on from the pro?aite court of transfer Antonio Bdw-ards to another medical fact i.ty, the City of Miami's obligation to pay for such medioal. oaxe shall not be abated hit continues in the same amounts previously payable to North Shore Medical Center. (d) g The City shall. pay Tangenika Bdwards $200,000 as follows: (1) $150,000 on October 1, 1993; (2) $50,000 on October 1, 1994. (e) Int.a ih7P Ike: For intangible damages slistaJiled by Antonio Fdwardss in the past and to be sustained in the future, the City of Miami will pay to his gLmxd .an or to his estate in the event of his death the total sum of $6,000,000 as follows: (1) $3,000,000 on October 1, 1993; (2) $2,000,000 on October 1, 1994, and (3) $1,000,000 on October 1, 1995 Section 3. This Resolution shall become effective imned.•iately upon its adoption. �• • SIR R • ��' �� 29th day of June , 1993. AXAVIIIt L, SU , MAYOR. -3- ,3- 9"76 w PRETAR M ATTD APPPMED T-Tf: � lzlf, C. MAYS CHIEF ASSISTANT CITY ATIORTEY M3718/CCM/bjr/osk cc er-C od-%— 976 0 a Ry CHAALER RTROUSE Herald Steti Writer 'I -he city of Miami has tenta- tively agreed to pay more than S7.5 million to the family of a Carol City man choked by a police officer last vear until he fell into a coma, sources said Monday. if approved by city commis- sioners today, the settlement would be by far the largest ever paid in a Miami police -brutality case. The agreement, hammered out just days before the case was sup- posed to go to trial, will pay dam- ages and lifetime care for Anto- EDWARDS, MOM 1A his office Monday. .Assistant Chief Donald N4'arshaw said he knew nothing about the settle- ment. "I can't respond to that." Warshaw said. City administrators and law- yers for Edwards, who talked over the Nvcckcnd to finalize the deal, wouldn't comment on details. But, according to documents obtained by The Miami lierald, the city would pay $6 million in "intangible damages" to Edwards' family, more than $500,000 to Edwards' son, and $200.000 to his wife, Tangenika. Payments for medical bills, which now come to about $350,000 per year but are likely to rise, would continue for the rest of Edwards' life. The city would not have to come, up with all the money at nnee The hulk of the navments 7hr$7.5 inillion would be by f"(7r the most ever paid in a Miami brutality ease. nio Edwards, the sources said. Edwards lapsed into a coma in January 1992 after Miarni patrol- man Carl Seals applied a choke hold to restrain him. Several officers held down Edwards while Seals applied the hold, accordine to an internal police investigation. The officer City commissioners must still approve the deal, and they are expected to discuss it today. Mayor Xavier Suarez says he supports the plan. But how the other four commissioners will vote is unclear. Miami Budget Director Mario - liar Surana said the proposed set- tlement, while admittedly large. probably wouldn't affect city ser- vices like police and fire. user) "excc�sii.c force.'" the invcs- tigators said. I-ast month, the city arkno-l- edged that police violated Edwards' civil rights. Seals has been suspended with pay since the episode. In a tele- phone call, a woman who identi- ficd herself as Seals' mother declined comment. "fie will not accept calls." sh^ said before hanging up on a reporter. "lie is in no shape to talk." Miami Police Chief Calvin (toss did not return three calls to PLEASESF.E ED'WARDS, ®A Overall. the city budget totals Mia—mi hirced ®ttlo��desoite about $200 million this year. The largest payment due to i Edwards' family in a single year `mild schizoid would be $4.5 million, equal to about 2 percent of the city's bud- By CHARLES STROUSE get. But the city may issue bonds Herald Stan writer or take out a loan to stretch the Miami police officer Car! payments over many years. The city's largest settlement in Seals, who allegedly used "exces- a brutality case before Monday's sive force" when he applied a proposed deal was $1 million, choke hold to Antonio Edwards paid to the families of Allan in Liberty City in January 1992, Blanchard and Clement Anthony has been on the city payroll ever T r.. A ..,k^ 4...A ... 1 nQo ..{•..., since. tende-nei�S' Seals was part of a large group of police officers hired to deal with increased crime in Miami in . the early 1980s. The state attomey's office is r studying Seals' case, but hasn't — decided whether to charge him with a crime. A report is expected w,n A f-A. sr ---A ..._. L___J 913— 376