HomeMy WebLinkAboutItem #14 - Discussion ItemTO : Honorable Mayor and Members DATE : April 1, 1991 FILE : J-91-296
of the City Commission
SUEUECr : City Commission Agenda 4/11/91
LLOYD Circuit Case No. 91-1904
USDC Case No. 89•-1842"SPRLLMAN —
�i BLANCHARD Circuit Case. No.
FROM : J rge L. Fernandez REFERENCES 91-1379/USDC, Case No. 89-�300
City At rney Civ-�SPELLMAN
ENCLOSURES:
Attached is a proposed Resolution authorizing the Director
of Finance to pay Edith Blanchard Eddy, individually and as
Personal Representative of the Estate of Allan Blanchard, Althea
Eddy, Linton Eddy, Jr., Gilbert Eddy, Egbert Blanchard and
Leopold Jallim (the Blanchard Plaintiff Group), and Humutal Adina
Lloyd, individually and as Personal Representative of the Estate
of Clement Anthony Lloyd, and Lee A. Lloyd and Frances Polius, as
the mother and guardian of Francilla Lloyd and Clement Anthony
Lloyd, Jr., children of the decedent, Rhonda Dorsett, as mother
and guardian of Camelia Lloyd, child of Clement Anthony Lloyd,
(the Lloyd Plaintiff Group), the sum of $500,000.00 to each
group, without any admission of liability, in full and complete
settlement of any and all claims, actions and demands against the
City of Miami and certain other Defendants upon the execution of
necessary Releases, releasing the City of Miami and certain other
Defendants from any and all claims, actions and demands, and upon
approval of the settlement by the Probate Court/Guardianship
Division of the Circuit Court as may be required by law.
These claims and lawsuits resulted from an incident that
occurred on or about January 16, 1989, at or near Northwest 3rd
Avenue and Northwest 16th Street, Dade County, Florida, when
(former) Police Officer William Lozano shot the decedent, Clement
Anthony Lloyd as he approached him on a motorcycle. The
decedent, Allan Blanchard was a passenger on the Lloyd motorcycle
and he died one day later as a result of massive injuries
suffered in an accident that followed * the shooting.
Subsequently, Lozano was convicted of two counts of manslaughter
in the Circuit Court, in and for Dade County, Florida Criminal
Division. That conviction is presently on appeal before the
Third District Court of Appeal of the State of Florida.
It should further be mentioned that the monies to be paid
will be paid as follows:
1. $225,000.00 to each Plaintiff group on or about May 15,
1991; and
:r
91—
273
91—
2'7`4
91-
275.
s�
F t-
� r+� JiFk H E
Honorable Mayor April 1, 1991
Page 2 Settlement Lloyd/Blanchard
2. $275,000.00 to each Plaintiff group on or about
November 11 1991. This payment will be used to purchase various
annuities for the use and benefits of the children's parents,
brothers and sisters of the two decedents.
This claim has been investigated by the Tort Committee (Tort
Committee authorization enclosed), approved by the Risk
Management Division of the Department of Personnel Management,
and is hereby recommended by this office.
JLF/LMF/cm/P122
Enc.
91-
273
91-
274
91-
2
;L
F �w
iµ�
CITY OF MIAMI, PLOA10A
INTER -OFFICE MEMORANbUM
To : Members of the Tort Committee DATE April 1, 1991 FILE
Law Department
Leon M. Firtel
FROM Assistant City At
Settlement Authorization
City Commission Agenda 4/11/91
LLOYD Circuit Case No, 91-1904
USDC Case No. 89-1842-SPELLMAN
c" $CHARD Circuit Cage No
IRES 91`1379/USDC Case No. 89-300 .
Civ—SPELLMAN
�F
The Personal Representatives of the Estates of Clement Anthony
Lloyd and Allan Blanchard, in their representative capacities, and
individually, as well as certain other family members of each decedent,
filed Federal and state lawsuits claiming violation of civil rights
based upon a number of policy/custom statements, wrongful death and
negligent hiring, training and supervision under state law against the
City of Miami, the Chief of Police and William Lozano, a (former) City
of Miami Police Officer. The cases were originally filed in Federal
Court but Judge Spellman dismissed the pendent state claims. Eddy v.
City of Miami, 715 F.Supp. 1553 (S.D. Fla. 1989).
The subject incident took place at approximately 6:00 P.M. on
January 16, 1989, at or near the intersection of Northwest 3rd Avenue
and 16th Street, Miami, Dade County, Florida, when the decedent, Lloyd
was shot by Lozano as Lloyd approached him (Lozano) on his motorcycle.
Decedent Allan Blanchard, who was a passenger on Lloyds motorcycle, -
died a day later as a result of an accident that occurred when the
motorcycle collided with a motor vehicle after Lloyd had been shot.
The incident resulted in three days of rioting.
Lozano was convicted by a jury in the Circuit Court of
Florida, Criminal Division on two counts of manslaughter.
is presently_on appeal before the Third District Court of
— State of Florida.
Additionally,
Dade County,
That verdict
Appeal of the 1
EVALUATION
While the City and the Chief of Police, individually and in his
official capacity would have a number of valid defenses to the various`-
claims set forth in the Federal and State cases, the question of
vicarious liability for the actions of Lozano under state law, could
not be resolved without a jury verdict. Additionally, the cost of
bringing these cases to trial, the number of claimants including
children and other dependents of the decedents and other factors
mitigate in favor of the proposed settlement in the amount of
$500,000.00 for each Plaintiff Group. It should be mentioned in this
regard that Plaintiffs' initial demands were much higher and that. a
91- 273
r
Tort Committee April 1, 1991
Page 2 Lloyd/Blanchard Settlement
number of intense negotiating sessions took place with Plaintiffs'
counsel, Barry Greff, George Allen and Jessie McCrary on behalf of the
Lloyd group and Ellis and Mark Rubin on behalf of the Blanchard group.
Additionally, part of the negotiations concerned the matter of how
payment would be made and it was felt by all involved that each of the
claims would be settled without the admission of liability and that
each Plaintiff group would be paid $225,000.00 on about May 15, 1991
and the balance of $275,000.00 on November 11 1991, the latter payment
to be used to purchase various annuities for the benefit of the
children, parents, brothers and sisters of the two decedents. These
settlements will be without any admission of liability and they will be
subject to approval to be obtained from the Probate/Guardianship -
Division of the Circuit Court in accordance with Florida law. -
Based upon the foregoing matters, it is recommended that
settlement be made in accordance with the proposed plan. Please
signify your approval/disapproval and comments, if any, by signiture
Zow.
L. RNANDEZ, CITY ATTORNEY
hAU 1,41
. QN J S, III, DEPUTY CITY ATTORNEY
Cff MAYS, SKSTANT CITY ATTORNEY
CHRISTOPHER F. R R , S S T CIT TTORNEY
• ai i 1iNLi%, esv'�
i
^4
If
LMF/cm/P123
1NT CITY ATTORNEY
MANAGEMENT