HomeMy WebLinkAboutR-84-1178J-84-981
10/04/84
N
RESOLUTION NO. 84-1108-
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARLYN JOHNSON, AS THE
PERSONAL REPRESENTATIVE OF THE ESTATE OF
NEVELL JOHNSON, JR., DECEASED; NEVELL
JOHNSON, SR., AND MARLYN JOHNSON,
INDIVIDUALLY AND AS THE NATURAL PARENTS OF
NEVELL JOHNSON, JR., DECEASED; BRIDGETT
JOHNSON; ISSAC JOHNSON; ALFONSO AND KENNETH
JOHNSON, BY THEIR PARENTS, MARLYN JOHNSON
AND NEVELL JOHNSON, SR., A SUM SUFFICIENT TO
PROVIDE $250,000.00 AT SETTLEMENT AND A SUM
SUFFICIENT TO PURCHASE GUARANTEED BENEFITS OF
$539,000.00 WITH MAXIMUM BENEFITS OF
$847,700.00 WITHOUT THE ADMISSION OF LIA-
BILITY IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, LUIS ALVAREZ AND KENNETH HARMS
UPON EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI, LUIS ALVAREZ AND KENNETH HARMS
FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Marlyn Johnson, as the personal representative of
the Estate of Nevell Johnson, Jr., deceased and on behalf of said
Estate and on behalf of all lawful beneficiaries and survivors of
Nevell Johnson, Jr., deceased, to wit: Marlyn Johnson, Nevell
Johnson, Sr., Bridgett Johnson, Issac Johnson, Alfonso Johnson
and Kenneth Johnson through their attorneys, Lloyd Marks, Bruce
Rogow and Neil Chonin have filed claims against the City of
Miami, Luis Alvarez and Kenneth Harms, for the death of Nevell
Johnson, Jr. and other damages, resulting from an incident
involving City of Miami Police Officer Luis Alvarez on December
28, 1982 at 1495 Northwest 3rd Avenue, Miami, Dade County,
Florida, and
WHEREAS, the above claims have been investigated by the
Torts Division of the City Attorney's Office and in accordance
with Ordinance No. 8417, which created the City of Miami's
Self -Insurance Program, the City Attorney's Office recommends
that these claims be settled without the admission of liability
for the sum sufficient to provide $250,000.00 at settlement and a
sum sufficient to purchase guaranteed benefits of $539,000.00
with maximum benefits of $847000.00 without the admission of
liability in full and complete settlement of any and all claims
CITY
and demands against the City of Miami, Luis Alvarez and Kenneth
Harms upon execution of a release releasing the City of Miami,
Luis Alvarez and Kenneth Harms from all claims and demands.
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 Marlyn Johnson, as the personal representative of the
Estate of Nevell Johnson, Jr., deceased, on behalf of said Estate
and on behalf of all lawful beneficiaries and survivors of Nevell
Johnson, Jr., deceased, the sum sufficient to provide
$250,000.00 at settlement and a sum sufficient to purchase
guaranteed benefits of $539,000.00 with maximum benefits of
$847,000.00 without the admission of liability in full and
complete settlement of any and all claims and demands against the
City of Miami, Luis Alvarez and Kenneth Harms upon execution of a
release releasing the City of Miami, Luis Alvarez and Kenneth
Harms from all claims and demands.
PASSED AND ADOPTED this loth day of October
1984.
ATTEST:
Q
RALWr G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
MAR A JY CHIAROt�
ASSISTANT CITY ATTORNEY
APPROVED
CITY ATTORNEY
MJC/wpc/ab/074
D CORRECTNESS:
2
Maurice A. Ferre
U E A. PIRRE
MAYOR
INTEROFFICE MEMORANDUM
TO ;on or and Members DATE. October 4 ? 1984 FILE! L-83 14
.0rable
ommission
- SUBJECT: Marlyn Johnson et al. V.
The City of Miami, Kenneth
Harms and Luis Alvarez
REFERENCE
Case No. 83-0433-Civ-JLK
v
FROM ough ty16/I: 12/28/82
Ciney L/I: 1495 Northwest 3rd Ave.
ENCLOSURES: Miami, Florida
A claim on behalf of Marlyn Johnsont as personal
representative of the Estate of Nevell Johnson, Jr.F deceased;
Nevell Johnson, Sr.? and Marlyn Johnson, individually and as the
natural parents of Nevell Johnsoar Jr.F deceased; Bridgett
Johnson; Issac Johnson; Alfonso and Kenneth Johnson, by their
parents, Marlyn Johnson and Nevell Johnson, Sr. was filed by
attorneys Lloyd Marks and Bruce Rogow against the City of Miami,
Luis Alvarez individually and as a police officer of the City of
Miami and Kenneth Harms individually and as Chief of Police of
the City of Miami which sought to recover damages for negligent
and/or intentional acts and/or civil rights violations arising
from a fatal shooting which occurred at 1495 Northwest 3rd Avenue
on December 28F 1982.
FACTS
-_ On Tuesday, December 28F 1982 in Miami, Dade County, Florida
at approximately 6:00 P.M.F the deceased, Nevell Johnson, Jr., a
twenty year old Black male, was in a recreational establishment
(video arcade) at 1495 Northwest 3rd Avenue. The Defendant, Luis
Affill Alvarez, and his partner, Louis Cruz? both City of Miami police
=_ officerst entered the establishment. Sometime thereafter?
Defendant Alvarez approached from behind Nevell Johnson, Jr. who
was carrying a weapon in his waistband. Officer Alvarez drew his
weapon. At that time, Nevell Johnson? Jr. began to turn towards
Alvarez, at which point, Alvarez' gun discharged? shooting Nevell
Johnson? Jr. in the head. Nevell Johnson, Jr. died as a result
of the gunshot wound.
No particular incident had caused the officers to be
_ - summoned to the establishment on the evening of December 28,
-� 1982. Alvarez, on the City police force for approximately
eighteen months# was a field training officer.
84-41'�"�
Honorable MAyor and Members October 4, 1984
of the City Commission page 2
CLAIMANTS
Nevell Johnson, Jr. left as survivors his mother and father,
Marlyn Johnson and Nevell Johnson, Sr. and his brothers and
sisters, Brigett, Issac, Alfonso and Kenneth Johnson. The
damages in this case are the survivors' pain and suffering, loss
of support, and loss of association and guidance of the deceased.
BASIS OF CLAIM
This action was brought in Federal Court alleging not only
wrongful death due to the negligence of Police Officer Luis
Alvarez but also alleging a violation of the civil rights of the
deceased under 42 U.S.C. Section 1983. The claims against the
City of Miami and Kenneth Harms rest on the allegations of
negligent hiring, retention and training of Police Officer Luis
Alvarez and upon allegations of policies and customs of the City
of Miami Police Department which were allegedly violative of the
decedant's constitutionally protected rights. There is
additionally a claim for attorney's fees under 42 U.S.C. Section
1988.
RECOMMENDATION
All claims of liability and damages have been investigated
by the City Attorney's Office in accordance with Ordinance No.
8417 which created the City of Miami's Self -Insurance Program.
Plaintiffs' original demand was $2,0001000.00. After extensive
discussions and negotiations of all claims, including claims for
cost and attorneys' fees, this matter can now be settled without
the admission of liability by the City purchasing an annuity at a
cost of $209,406.00 plus a payment of $250,000.00 to the
survivors. The benefits to be paid to the family by the purchase
of an annuity are attached hereto.
_— The City Attorney's Office
® pay a total of $459,406.00 in
this claim against the City
s
employees.
LAD/MJC/wpc/ab/073
Enclosures
recommends that the City of Miami
full and complete settlement of
of Miami and its individual
84-117$
Marlyn and Nevell Johnson, Sr.
STRUCTURED SETTLEMENT
Annuity Income:
A 100% Joint and Survivor monthly income payable
for life with a minimum Guarantee of 240 months in
the following amounts:
$1,000 per month for first 5 years increasing to
$1,150 per month for next 5 years increasing to
$1,300 per month for next 5 years increasing to
$1,450 per month for next 5 years increasing to
$1,750 per month thereafter for life
Guaranteed Value
Estimated payments based on a life expectancy
of 34.7 years totaling
Deferred Cash Payments:
YEARS AMOUNT
Parents 5th $ 20,000
loth $ 20,000
15th $ 20,000
20th $ 25,000
TOTAL
Amounts Payable to Children (see page 2)
Guaranteed Minimum Settlement Value
Settlement Value Based on Life Expectancy
$ 294,000
$ 602r700
$ 85,000
$ 160,000
$ 539,000
$ 847,700
JOHNSON `FAMILY
GUARANTEED PAYMENTS
Payable at the end of the 5 years
NAME AMOUNT
Bridgett,0 $ 15,000
Isaac 15,000
Alfonso 15,000
Kenneth 15r000 e
Total Payable $ 60,000
Payable at the end of the 10 years
NAME
AMOUNT
Bridgette
$ 25,000
Isaac
25,000
Alfonso
25,000
Kenneth
25,000
Total
$100,000