HomeMy WebLinkAboutR-85-0022J-85-46
RESOLUTION NO. 135-7.2
A RESOLUTION AUTHORIZING THE DIRECTOR OF
i FINANCE TO PAY TO ANTHONY ANDOH THE SUM
OF SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS
($7,650.00) WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY,
PROTECTION LIENS, CLAIMS, DEMANDS AGAINST
THE CITY OF MIAMI, AND UPON THE EXECUTION
OF A RELEASE, RELEASING THE CITY FROM ALL
CLAIMS AND COUNTERCLAIMS AND DEMANDS.
WHEREAS, ANTHONY ANDOH, filed a claim against the CITY OF
MIAMI, MERCY HOSPITAL, Police Officer CARLOS DE LOS SANTOS and CARLOS
SALAZAR, through his attorneys, McMASTER AND FORMAN, P.A. and JORGE
DUARTE, ESQUIRE, for alleged bodily injuries and pain and suffering
and future medical expenses resulting from an altercation on March
12, 1981, which arose regarding the identity of ANTHONY ANDOH, who
I
was in fact the chief gardner at MERCY HOSPITAL. ANDOH was arrested
on a variety of charges and physical force was used in subduing him.
WHEREAS, the above claim has been investigated by the
Torts Committee of the City Attorney's Office and in accordance with
Ordinance No. 8417, which created the City of Miami's Self -Insurance
Program, the said office recommends that this claim be settled for
the sum of Seven Thousand Six Hundred Fifty Dollars ($7,650.00);
NOW, THERFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to ANTHONY ANDOH the sum of Seven Thousand Six Hundred Fifty
Dollars ($7,650.00) Without any admission of liability, in full and
complete settlement of all bodily injury, personal injury Protection
Liens, claims and demands against the CITY OF MIAMI upon execution
of a release releasing the CITY OF MIAMI and CARLOS DE LOS
SANTOS from all bodily injury, personal injury protection liens,
worker's compensation liens, property damage claims and claims
and demands. Additionally, MERCY HOSPITAL, CITY OF MIAMI and
CITY COMMISSION
MEETING OF
JAN 10 1955
IRESOLU,". . n ,..__ 85-22
CARLOS DE LOS SANTOS shall exchange releases in regard to their
Crossclaim and Counterclaims, no payment to be made in this regard.
PASSED AND ADOPTED THIS loth day of January, 1985.
ATTEST:
Clerk
Assistant uiry Attorney
® APP D AS TO FO AND CTNESS:
_ ERTY
City Attorney
Maurice A. Ferre
URICE A. FERRE,'MAYOR
I
85-22
I
t
f�
CITY OF MIAM1. FLORIDA
C INTER -OFFICE MEMORANOUM o at.? :,✓
To Honorable Mayor and Members of
The City Commission
FRoMLucia A. Dougherty
City Attorney
DATE. January 2, 1985 71LEL-82-155
J-85-46
SUBJECT:
Settlement Authority of Anthony
Andoh v. City of Miami, Carlos de
los Santos, Mercy Hospital and Carlo
REFERENCES: Salazar
Case No. 83-0944-Civ-Aronovitz
ENCLOSURES. United States District Court
Plaintiff, Anthony Andoh, by and through his attorneys, McMasters
and Forman, P.A. and Jorge Duarte, filed the within claim against
the City of Miami, Mercy Hospital, Carlos De Los Santos (a City of
Miami Police Officer) and Carlos Salazar.(McMasters and Former,P.A.
withdrew as attorneys for the Plaintiff when they were retained by
the City Commission regarding the Michael Johnson investigation).
The circumstances of the incident are that on March 12, 1981, while
working as an off -duty police officer at Mercy Hospital, Police
Officer Carlos De Los Santos encountered the Plaintiff, Anthony
Andoh on the premises of Mercy Hospital. An altercation arose
regarding the identity of Mr. Andoh, who was in fact the chief
gardner at Mercy Hospital. De Los Santos claims that Andoh was
never identified until after the incident while Andoh of course,
claims that he identified himself immediately. In any event,
Andoh was arrested on a variety of charges and physical force was
used in subduing him.
The Complaint alleges Counts for false arrest, malicious prosecution
and civil rights violation. Andoh incurred medical bills in the
amount of $1,800.00 and sundry other expenses including attorney's
fees. Plaintiff's original demand in the amount of $50,000.00 was
reduced through negotiations to $7,650.00 from the City and $4,350.00
from Mercy Hospital for a total of $12,000.00. Crossclaims by the
City against Mercy Hospital for indemnification and by Mercy Hospital
for contribution have also been filed and each will be resolved by
way of releases to be exchanged as a consequence of the settlement.
This claim has been investigated by the City Attorney's office in
accordance with Ordinance No.8417, which created the City of Miami's
Self Insurance Program. The City Attorney's office recommends that
the City of Miami pay on behalf of itself and Carlos De Los Santos
the sum of $7,650.00 to settle this claim and the Risk Management
-- office agrees and recommends this settlement.
LAD/LMF/cm E��
Enc: Resolution
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