HomeMy WebLinkAboutR-91-06254
J-91-702
8/22/91
RESOLUTION NO. 9 1 625
A RESOLUTION, AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO YOLANDE JEAN BATISTE, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
MARIUS MONTREIL, DECEASED, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $30,000.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN CIRCUIT COURT CASE NO. 89-21549
(CA 01), UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS, WITH SAID FUNDS THEREFOR
BEING ALLOCATED FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, AND UPON APPROVAL OF
THE SETTLEMENT BY THE PROBATE
COURT/GUARDIANSHIP DIVISION OF THE CIRCUIT
COURT IN ACCORDANCE WITH ADMINISTRATIVE RULE
89-17 AS MAY BE REQUIRED BY LAW.
WHEREAS, Yolande Jean Batiste, through her attorney, filed a
claim and lawsuit against the City of Miami, in the Circuit Court
of Dade County, Florida, Case No. 89-21549 (CA 01), for alleged
negligence arising out of a police chase involving City of Miami
police officers on June 10, 1988 in Miami, Dade County, Florida;
and
WHEREAS, the above claim and lawsuit have been investigated
by the Torts Division of the City Attorney's Office pursuant to
Ordinance No. 8417, which created the City of Miami's Self -
Insurance Program and said Office recommends that this claim and
lawsuit be settled for the sum of $30,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to
pay Yolande Jean Batiste, as Personal Representative of the
Estate of Marius Montreil, forthwith, without the admission of
liability, the sum of $30,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 89-21549 (CA 01), upon the execution of a
Release, releasing the City of Miami from all claims and demands,
CITY COMMSSION
MEETING OF
SFP 11 1991
91- 625
and approval of the Probate Court (Guardianship Division of the
Circuit Court) in accordance with Administrative Rule 89-17, 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 11th day of S
ATTES :
MATTY HIRAI
CITY CLERK
BUDEGETARY REVIEW:
MANOHAR S. SURANA, DIRECTOR
DEPARTMENT OF BUDGET
SEL -INSURANCE TRUST FUND REVIEW:
C
SUJ S. CXRABRA
SELF-INSURANCE AND INSURANCE
TRUST FUND
PREPARED, AND
ON M. FIRTEV
SISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS
AAS LOF 7N, 1991
J RGE L. F RNANDEZ
C11TY ATTORPEY
M2427/LMF/cm/Reso10
embers, , 1991.
Z ,' MAYOR
91- 625
f
q1CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
� CA=27
TO: Honorable Mayor and Members
of the C ' ty Commiss.ion
rge Fernandez
=ROM C ' ty At rney
DATE August 21, 1991 FILE J-91-702
Yolande Jean Batiste v. City
SUBJECT Court Case No. 89-21549 (01)
Claims #015/PT-88-097
L-89-123
REFERENCES
ENCLOSURES
Attached is a proposed Resolution authorizing the Director of
Finance to pay Yolande Jean Batiste, as Personal Representative of
the Estate of Marius Montreil, deceased, without admission of
liability, the sum of $30,000, in full and complete settlement of
any and all claims and demands against the City of Miami, upon the
execution of a Release of All Claims, releasing the City of Miami
from any and all claims and demands and approval of the Probate
Division of the Circuit Court.
The complete evaluation of this claim is contained in the
attached Tort Committee Settlement Memorandum dated August 2,
1991. In brief, the Co -Defendant, James Lee Williams, was being
chased by police officers when he ran a red light and hit the
Plaintiff's decedent's vehicle pushing the vehicle into a
telephone pole; however, the circumstances of the chase could lead
to significant liability on the part of the City.
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.
fr
JLF/LMFApM/8
attachments
Cl' j?-4
91- 625