HomeMy WebLinkAboutR-92-0787RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LUIS RANGEL AND BARBARA
RANGEL, HIS WIFE, AND MICHAEL P. WEISBERG,
ESQ., THEIR ATTORNEY, THE SUM OF $7, 810.25
IN FULL AND COMPLETE SATISFACTION OF JUDGMENT
AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT
CASE NO. 88-40536 CA 08 UPON THE EXECUTION OF
A SATISFACTION OF JUDGMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FUNDS TO BE
PROVIDED FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND.
WHEREAS, Luis Rangel and Barbara Rangel, his wife, through
their attorney, filed a claim and lawsuit against the City of
Miami, in the Circuit Court of Dade County, Florida, Case No.:
88-40536 CA 08 for battery and negligence arising out of an
incident involving City of Iiiami police officers and City of
Miami Fire Rescue paramedics that occurred on November 7, 1987,
at 2770 Northwest 6th Street, in Miami, Dade County, Florida; and
WHEREAS, the above claim was tried before a jury resulting
in a verdict against the City of Miami, and the entry of a Final
Judgment in the amount in the amount of $7,810.25, including
costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY CONMSSIOX
MEETING OF,
DEC 1 0 1992
Resolufiioon No.
92- 8j
M
Section 1. 'I'1e rlirec c)r of Finance- is lierrhy authorized
to pay to Luis Range.l_ and Barbara Runge]., hi.s wife, and Michael
P. Weisberg, Lsq., their attorney forthwi_tth, the sum of
$7,810.25, in full and complete satisfaction of the Final
Judgment against the City of Miami, in Circuit Court Casa No.:
88-40536 CA 08, upon the execution of a Satisfaction of Judgment,
in a form acceptable to the City Attorney, said money to be
provided from the Insurance and Self -Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day of De�embe�, 1992.
VIER L. $LIAREZ, MAYOR
ATTEST
MATT A
CITY CLERK
SELF-INS,,UR16CE TRUST FUND REVIEW:
SUJAN IS.
DEPARTME
HABRA, DIRECTOR
OF(RISK MANAGEMENT
BUDGETARY REVIEW AND [APPROVAL:
6 ;MA HAIR S. SURANA
A ISTA NTT CITY MANAGER
-2-
92- 787
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A . —QUT JON , II
CITY ATTOq Y
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92-- 787
OPT, ()I
iN"EE R-01=E-IC;E= MEMORANDUM
I" Honorable Mayo' and Members ""l` November 19, 1992 `"
A of the City Commission
;HKIEC:i Judgment in Luis Rangel,
/^ et al. v. City of Miami
��k, Case No.: 88--40536 CA 08
-FaoE� eCity
unes, III RP E_RPICESClaim No.: 0IS/PT-9 1-04 1 At ney D/I: November 7, 1987
ENCLOSURES
Please be advised of the judgment for damages and costs
against the City in Luis Rangel and Barbara Rangel v. City of
Miami, Case No.: 88-40536 CA 08, for $7,810.25. Notwithstanding
the monies that the City must pay, the result obtained in this
case are extremely favorable to the City. The facts are as
follows:
During the evening of November 7, 1987, Barbara Ranged
telephoned 911 to report that her husband, Luis, was unconscious
on the floor in their bedroom. Fire Rescue paramedics were
dispatched, as well as a police unit. The paramedics arrived
first and were admitted to the apartment by Mrs. Rangel. They
began to administer to Mr. Rangel, who was still unconscious.
Within a couple of seconds he regained consciousness. He
explained to them that he recently had surgery and was rendered
unconscious as a result of an adverse reaction to medication, and
assured them that their services were no longer required. He had
no obvious signs of trauma.
At this point the facts diverge. The Rangels contended
that one of the paramedics stated that Mr. Rangel was "a
Marielito on cocaine." The paramedic denied calling Luis a
Marielito, but acknowledged that he did express the opinion that
Mr. Rangel was on illegal drugs. The Rangels insisted that the
paramedics leave their apartment. The paramedics acknowledged
that the Rangels did instruct them to leave. However, the
supervising paramedic told Mr. Rangel that he should accompany
them to the Crisis Intervention Unit at Jackson Memorial Hospital
so that he may be examined by a psychiatrist. Mr. Rangel
refused. At that point, he began to struggle with the police
officers who were now present in the bedroom. The officers
indicated that they only used the force necessary to subdue Mr.
Rangel. The Rangels, however, indicated that the officers beat
and kicked him even after he was handcuffed. (Photographs of Mr.
Rangel Is body taken three days later do show that he sustained
ni-mierous bruises and contusions.) During the confrontation, one
of tho officers seized Mrs. Rangel and forcibly removed her from
the apartment.
92- 787 0At5
Iic norahle 14ayor mem})ers
of the City y Cotttnt i s i_oi� p"I gc'
Mr. Rangel_ was transported to Crisis Intervention, examined
by a psychiatrist and released. He was never_ charged with a
crime.
-� The next day Mr. Rangel presented to North Shore Medical
Center with complaints of dizziness, headaches, pain and
limitations of range of motion in the neck, back, right shoulder
and knee. He was admitted and discharged after one week, with a
medical bill of $4,542.55. Thereafter he was treated by 0r.
Bottari, a respected chiropractor, for one year which resulted in
a bill for $8,265.00. Dr. Bottari concluded that Mr. Rangel's
confrontation with t}ie police caused permanent low back pain,
intermittent cervical and lumbar pain, and permanent numbness in
the right jaw and right thumb.
Mr. Rangel sued the City for battery and negligence. Mrs.
Rangel sued for battery. The jury found in favor of Mrs. Rangel
and awarded $3,500. As for Mr. Rangel's claims, the jury found
against him on the battery claim, but concluded that the City was
negligent for having involuntarily taken him to Crisis
Intervention and awarded him $75,000. Significantly, however,
the jury concluded that Mr. Rangel was 80% comparatively
negligent, which resulted in a verdict of $3,000.
Although the $3,000 ultimately awarded to Mr. Rangel does
not cover his total compensable medical damages of $12,807.55,
the City is safe from a reversal on appeal. This is so because
even though a verdict which is less than the amount of medical
damages is ordinarily reversible, the City successfully
established that the medical expenses incurred by Mr. Rangel may
not have been necessary. The City accomplished this by attacking
Mr. Rangel's credibility via prior lawsuits and claims he had
made for many of the same physical complaints raised in this
lawsuit, and by showing that his treating physicians had to rely
upon his credibility in providing him with medical treatment and
in reaching their final conclusions.
Thus, the Rangels are entitled to $6,500 plus costs in the
amount of $1,310.25, for a total of $7,810.25. The case was
reserved for $25,000.
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Enclosure