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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