HomeMy WebLinkAboutR-93-0643J-93-714
10/1/93
RESOLUTION NO. 93 -- 6 13
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY GABRIEL CASTELLON THE SUM OF
$100,000 IN PARTIAL SATISFACTION OF A
JUDGMENT AGAINST THE CITY OF MIAMI, PURSUANT
TO THE FINAL JUDGMENT FOR PLAINTIFF, GABRIEL
CASTELLON, AS ORDERED BY JUDGE JUAN RAMIREZ
OF THE ELEVENTH JUDICIAL CIRCUIT ON MAY 17,
1993, CASE NO. 90-59075 CA 23, WITH SAID
FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND.
WHEREAS, GABRIEL CASTELLON, through his attorney, MELVIN C.
ALLDREDGE, filed a lawsuit against the City of Miami resulting
from an incident that occurred on August 24, 1990, at or near
2901 North Miami Avenue, Miami, Dade County, Florida; and
WHEREAS, a jury verdict against the City of Miami in the
above lawsuit was returned on May 5, 1993 in the amount of
$550,000, which judgment was reduced to $544,500, exclusive of
costs and attorney's fees as reflected in a Final Judgment
entered on May 17, 1993 by Judge Juan Ramirez, Eleventh Judicial
Circuit; and
WHEREAS, pursuant to section 768.28(5), Florida Statutes,
the City of Miami is obligated to pay only $100,000 of said
judgment unless directed to the contrary by the Florida
Legislature;
CET! CO18=81OS
MEETING OF
0 CT 14 1993
Resolution No.
33- G43
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained 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 GABRIEL CASTELLON the sum of $100,000, in partial
satisfaction of the judgment against the City of Miami pursuant
to the Final Judgment for plaintiff, GABRIEL CASTELLON, as
ordered by Judge Juan Ramirez of the Eleventh Judicial Circuit on
May 17, 1993, Case No. 90-59075 CA 23, with said funds to be
provided form the Insurance and Self -Insurance Trust Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of October_, 1993.
XAVTER L. SUA MAYOR
ATTias
MATTY HIRAI, CITY CLERK
SELF-INSURANCk—TRUST FUND REVIEW:
DEPART 6T)O1RISKDIRECTOR MANAGEMENT
-2-
BUDG TARY REVIEW:
ANOHAR . URANA
ASSISTANTtTY MANAGER
93- G A3
JF%!Ao.
f4 1
PREPARED AND APPROVED BY:
All J. 1 41, /.
CHARLES C. MAY
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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A`. Q,i'f INN J S, I I I
CITY ATT7/bjir/osk
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M3879/CC
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33- 63
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of
the City Commission
FROM : nes, III
elt?VAorney
DATE . September 30, 1993 FILE L-90-286
SUBJECT Resolution Authorizing
Partial Payment of Final
Judgment in Favor of Gabriel
REFERENCES. Castellon ($100,000)
ENCLOSURES:
Attached is a proposed resolution authorizing the Director
of Finance to pay Gabriel Castellon the sum of $100,000 in
partial satisfaction of the judgment against the City of Miami,
entered on May 17, 1993, upon the execution of a Partial
Satisfaction of Judgment in a form acceptable to the City
Attorney.
As you were previously advised, the plaintiff was employed
as a security guard at the time he was mistakenly shot in the
back by City police officers. At the time of the incident, the
police officers were searching a storage -container area for a
black male with a bald head who had shot at a police officer.
The plaintiff is a white Hispanic with long hair.
Mr. Castellon was operated on at Jackson Memorial Hospital,
and remained there for approximately two weeks, followed by
physical therapy. He was also operated on at a subsequent time
in an attempt to restore digital mobility to his left hand. That
operation had limited success. He has not been able to work
since the incident.
The jury returned a verdict finding that the City was 99% at
fault, because of negligence, and the plaintiff 1% comparatively
negligent; and awarded damages in the amount of $550,000. Based
on the plaintiff's 1% comparative negligence, Judge Juan Ramirez
reduced the amount of damages accordingly and entered a judgment
on plaintiff's behalf in the amount of $544,500.
Pursuant to Section 768.28(5), Florida Statutes, the City's
liability on the judgment is limited to $100,000. Therefore, at
this time the City must pay $100,000 of the judgment unless the
plaintiff can convenience the Florida Legislature to pass a
claims bill directing the City of Miami to pay an amount in
excess of the $100,000.
Also attached is a copy of the Final Judgment.
M529/AQJ/CCM/bjr /�— I
Attachments G
93 - 643
• pE JAI
IN THE CIRCUIT COURT, IN AND
Nar 19 54 �r� �93 OR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
DEFT•
CITY Gr= ?4iAMI CASE NO. 90-59075 CA23
GABRIEL CASTELLON,
Plaintiff,
V.
CITY OF MIAMI, FINAL JUDGMENT
Defendant.
Pursuant to the jury verdict entered in this cause on May 5,
1993, it is therefore
ORDERED AND ADJUDGED that Plaintiff, GABRIEL CASTELLON, shall
have and recover of and from the Defendant, CITY OF MIAMI, the sum
of FIVE HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS
($544, 500.00) , exclusive of costs and attorney's fees, together for
which, when taxed, let execution issue.
DONE AND ORDERED in Chambers, at Miami, Dade County, Florida
this-/2 day of May, 1993.
Jl.'r' N RAMIREZ, JR.
CIRCUIT JUDGE
i
i
cc: Melvin C. Alldredge, Esquire
cc: Charles C. Mays, Esquire
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93- 643