HomeMy WebLinkAboutR-87-0262J-87-308
3/13/87
RESOLUTION NO. 87-262
A RESOLUTION APPROVING, IN PRINCIPLE, A
SETTLEMENT IN THE CASE OF PATRICIA SMALL, AS
MOTHER, NATURAL GUARDIAN AND NEXT FRIEND 00
SHANREKA PERRY, A MINOR, AND PATRICIA SMALL,
INDIVIDUALLY VS. CITY OF MIAMI, ET AL.
SUBJECT TO THE PLAINTIFF NEGOTIATING A
SIMILAR SETTLEMENT WITH METROPOLITAN DADE
COUNTY.
WHEREAS, the City of Miami is a defendant in litigation
resulting from an incident which occurred in the City of Miami
during the 1980 riots where Shanreka Perry, then eleven years
old, was pinned to a wall by a runaway car after the driver of
the car had been struck by a rock thrown from rioting crowds,
lost control of his car and struck Shanreka Perry causing serious
and permanent internal injuries to her reproductive and digestive
systems as well as having her leg amputated; and
WHEREAS, the plaintiff's attorney has proposed a settlement
in an amount not to exceed $100,000 from the City of Miami, and
an additional sum up to $50,000 for the limited purpose of paying
college expenses of Shanreka Perry and an additional sum of
$20,000 for attorney's fees upon the reaching of a settlement
with the Risk Management Division of Metropolitan Dade County;
and
WHEREAS, it is in the best interest of community relations
among the citizens of the City of Miami that this lawsuit be
settled despite the City Attorney having determined that there is
no basis for a finding of negligence on the part of the City of
Miami; and
WHEREAS, the City Commission is disposed to settle this
claim because of the risks involved in pending civil rights
litigation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Settlement of the case of Patricia Small, as
mother, natural guardian and next friend of Shanreka Perry, a
minor, and Patricia Small, individually vs. City of Miami, et al.
is hereby approved, in principle, and the City
Attorney is
CITY COMMUSSION
MAR 13 ''198T
authorized to negotiate a settlement in said case subject to the
condition that the plaintiff negotiates a similar settlement with
Metropolitan Dade County.
PASSED and ADOPTED this 13th day of March, 1987.
XAVIER L. SUA , MAYOR
ATTEST
MAT Y HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
MARIA J. I RO
ASSISTANJITY ATTORNEY
APPROVE TO FORM & CORRECTNESS:
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February 25, 1987
Mr. Aurelio Perez
City of Miami, Manager's office
3500 Pan American Drive
Miami, Florida 33133
Re: Patricia Small, et. al., v. Shanreka Perry, et. al.
Circuit Court Case Number 82-9120 CA 17
Dear Mr. Perez:
Thank you for extending the undersigned the courtesy of a hearing
before the City of Miami commissioners on the earliest available
date. Unfortunately, the date of Thrusday, February 26, 1987 at
9:30 a.m. conflicts with other previously scheduled appointments.
Accordingly, as agreed by and between Lori of your office and my
secretary Friday, March 13th, 1987 at 3:00 p.m. will be a better
time.
I would like to request twenty minutes to make presentation,
rather than the usual five minutes. If this is possible, please
have your secretary contact my office to confirm same.
Your kind cooperation in this matter is appreciated.
yeyy truly yoGrs,
�/"PHILIM. GER50N, ESQ.
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Januayr 22, 1987
Mr. Cesar Odio
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
CI I Y MANAGER'S OFF186
a? JAN 2 ��I
Y,� Mw
Re: Patricia Small, as mother and next friend of
Shanreka Perry, v. City of Miami and Metropo-
litan Dade County, In the Circuit Court of the
llth Judicial Circuit In and For Dade County,
Florida, General Jurisdiction Division, Case
No. 82-9120 (17)
Dear Mr. Odio:
I am writing to request that you place above captioned matter
on the agenda for the next available meeting of the City
Commission. Based upon my conversations with the Assistant City
Attorney, I proposed to present a settlement proposal of the
above captioned litigation to the City Commission.
Please advise no, if anything further to this letter is necassar1
to perfect my request.
Thank you for your anticipated
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tion.
Ve 'ruly yours,
'- 21t�; PHILIP, SQ,
a
0
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM Of Y MANAG TS Or-FiCE
Cesar Odio Februa , 19 7 '
TO City ager DATE FILE
Patricia Small, as mother and
SUBJECT next best friend of Shanreka
Perry v. City of Miami and Dade
County, Circuit Court Case No.
VROM Lucia A. Doughe ty REFERENCES 82-9120 (17 )
City Attorney
ENCLOSURES
Please place on the Commission agenda an appearance by
attorney Philip M. Gerson reference the attached letter.
I have advised Mr. Gerson, counsel for the plaintiff, that
the City has no liability pursuant to our analysis. However, I
have given my consent for him to request a personal appearance so
that he may propose a "moral settlement" from the Commission.
His request stems from an incident which occurred during the
1980 riots where his client, Shanreka Perry, then eleven years
old, was pinned to a wall by a runaway car. The driver of the
car had been struck by a rock thrown in the rioting crowds, lost
control of his car and struck Shanreka Perry. She sustained
serious and permanent internal injuries to her reproductive and
digestive systems as well as having her leg amputated.
The lawsuit against the City and County was originally based
on a theory of negligence in failure'to properly control the
—" rioters and upon a theory of violation of civil rights in a
policy of not sending police into areas where there are black
rioters and in failure to properly anticipate the result of a not
guilty verdict in the McDuffie trial. The court dismissed (and
in a parallel case upheld on appeal) the complaint against the
_= City and the County for negligence. The civil rights claim still
stands and is scheduled for trial not before May, 1987.
It is my understanding that the plaintiff will make a
similar request to the County Commission.
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