HomeMy WebLinkAboutR-84-1076J-84-818
RESOLUTION NO. 84-10 6
A RESOLUTION ATTTHORTZTNG THE DTR.ECTOR OF
FINANCE TO PAY TO ATtTRA GALT.0, MOTHER AND
NATURAL GUAPDT AN Ox LATIPA GAIJ,0. A MINOR,
THE SUtl OF TI.77- ITr TITNT: TII«ITSAIIU) FT tea:
HUNDRED i OT.i_AP?', ( '} tTf1.010) 1-I1 JHOT T TTIE
ADMISSION OT LT.AT;TTAT , TT; FTTE.L A"ID
COMPLETE; SF,TTT.ITII TI"T' OF A.LT, BODTLY T`TJURY,
PERSONAL TNJURY. PROTECTTON LIENS , CLATMS,
DEMANDS AGAINST TIIE CITY, OF TITA_TIT, Ail
UPON THE EXECUTION OF A PcI LI7AST, Y.ELFASTNG
THE CITY FROM ALL CLAIMS AND COUNTERCLAIMS
AND DEMANDS.
WHEREAS, AMIRA GALLO, as mother and natural guardian of
LAURA GALLO, a minor, filed a claim against the City of Miami. and
Police Officers, TTASTEY, CHEATHAM, JAFFIE, BRAUN, GOt;ZALF,rs AND
HEAL, through their attorneys, ART111II; ROTHENPF11G, ESQUIRE AND
ARNOLD GE:LLMAN, ESQUIRE of SMITH ANT) GI T�I,T;i�=� , r .A. , tor, alleged
bodily injuries and pain and suffer Ind,, and future medical expenses
resulting from an incident wherein LAURA GALLO was accidently
shot while the officers were chasing and shooting at a fleeing
felon in the area of the MIAMI/JAI ALAI FRONTON during a concert
on July 22, 1979; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's Office and in accordance
with Ordin4nce. No.8417, which created the City of Miami's Self
Insurance Program, the City Attorney's office recoa-mends that
this claim be settled without the adtni�.sion of liability for the
sum of Twenty Tine Thousand Five Hundred Dollar-, ($24,500.00);
NOW, THE'REl"010:', BEE IT RESOLVED BY THE C0MMISSION OF THE
CITY OF MIAMI, FLORIDA.
Section 1. The Director of Finance is hereby authorized
to pay to f.IfI A CALLO, as Liother and natural guardian of LAURA
GALLO, the 0i 'Twenty Nine Thousand Five~ Hundred Dollars
($29,500.00) without the admission of Liability in full and
complete settlement of all bodily injury, past and future claims
and demands against the City of Miau;i upui-i execution of a release,
releasing the City of Miami and all police officers from all
CITY C4. Mimi jY ..
bodily injury, past and future claims, expenses, counterclaims �r
T� �.:
and demands.
air
sf
1984.
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PASSED AND ADOPTED this 20th day of September ,
Fit-,
Maurice A. F'erre
MAURICE A. FERRE, MAYOR
ATTEST:
" `?
RAL G. ONGIE
CITY CLERK
/PREPAAND A, O ,D B
F I PT Z. CITY ATTOP.trEY
APPROVEI $ _T A F-QRlI-�ND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
LAD/LMF/cm:84
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4" 107
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
honorable y r
o the 11 e -ity/
FROM Luc A. D ' ner
Cit Attorney
Members DATE September 4, 1984 FILE L-81-64
Sion J-84-818
SUE)JECT Amiro Gallo, mother and natural
guardian of Lniira GPI-lo, a minor vs.
City of Tlinmi' -�t -11.
CA 15
D/T Jul-v 22, 1070
L/I Area of 111ami-/Jail. Alai
E N,,LO 5 U P c S
Attorneys Arthur Rothenberg and Arnold Gellman of Smith & Gellman,
P.A. filed a claim against the City of Miami, WJA Realty, Tnc.
(the successor Ir corporation to Nlami/Jai Alai) , Gulf Artist Productions
Inc. (the shows prornotcr) Pnd City
Y Of Minmi polic;7 off icnr-, TIAS)TF�Y,
CHEATHATI, JAT--FTT-. TIPAT.Tli. GONZALEZ ri.11d VEAL. The cln Im filed on
behalf of A-ilrn Gil)(-), n!r mot-hr.r qT1d n;IT-Ilraj. g1lir(li"In of 1-111y'n C'-110'
a minor 1p n T1 d 1, fl- r, c, 11 F7 11 t- t: r) T- r! (- o - cr for pr,T g o n a I n 1i-irj-e,7 to 1-3iir3 6-11-lo
arisinp, f.,:-ovn an -incld—n*. 1'11;'t took T,1acr in thc-� nrr'-) of the Minni/
Jai Al,s.J Freston or, Jxi]v 2 " , 197 9.
The C i r C I I M, t, rt c. c :7 o 17 c. J ', I' C i (1 V -11 11 -1 r C. that 1, " 1, ;7 a Ci I I o h a el intended
to attend rrck ccnc-i't- tlirll v7rr, being offrred at. Jni. Alai
Fronton. S-011co I)ot rlh)r
"n pill. chase n tic! -et, she 1,ns on
h e r wa v to Tic;, v 1) -, c
J d (,-101,, p I a C: r- J ri 7- o o ftaste
Frontoll 1-- 11 r r c Jr1j' :'r] i C7 t.:t' C t �iiurSii. 1lo l icc oa f c e r r� ; i ttoritpted
to stop I vclhicl't to run oovn c (-. 1- t.-I J., n
pedestriin,: and poi cc o
, , .1 Cc, I' At. Icnirt si-.-- of tbc C'I police
officers, who vcic 11
-i , , n (3 t I.- c working an part of t b c o f --d u t
police contingent. 11 J )-eol for concert, r c chase t 10, ii� Ld 21
rounds at the f'le-cilly;
11S. C a 3. 10 was struck by an errant
shot as she appronchcd her vehicle and the bullet went through the
muscle portion Of her thighs leaving four nickel shaped scars,
which according to her physicians will not be improved significantly
by surgical. Intcrvrntion,
Ms. Gallo has J.-Ilcurred medical bills in the sum of $1,200.00 and
expected future amount to approximately $500.00. In
addition, she injuric-- in the form of pain and suffering
based upon pain from the wounds, wcalness in her legs,
and pyscholoficai problems in that she cl-riiinF. !:-,I-,c, jL unable to
enjoy any outdoor activi t i e t�, t, 1, 1 1 c previously cnioved due to
her embarrat, tim(:nt ,, s, resins f the cars from the c, ' rounds.
Plaintiff's v.c.dic.-il and ot:11cr lin"'c-, been verified
as to cc'irr(,c'1ncL.,. 1"he permantency involved iLi the result
of the scr4rrinL,, frow tht., cntrance and ex -it wounds of the bullet.
Plaintiff's original demand was $75,000.00 and this was later
reduced through negotiations to $32,500.00, of which the City of
84-1076
Page 2 Gallo V. City of Miami L-81-64
September 4, 1984 Circuit Court- Case
Honorable Mayor and No. 81-1835 CA-3-5
Members of the City N/1: .T>>Ty 22, 1-979
Comm Isrq Toll L/I; Ninm7/,7ai Alai Area
Miami t.s to j,}^.y $29,500.0n n,,.rt T•t.TA. Realty (Miami/Jai Alai Fronton)
is to Pat- tbr, hal._2T1r.r, Or, :,;3,(?(1)_00.
This cl.a :i.m h:1 s t7n T1 S.T�i; r,�t. <� i.c cT T,y the City Attorneys off ice
in racC.C?rdince- w R=11 0r(1tt1nTIC, Its (?/�T.1, W11JVh creatQci f-11e (7,1.ty Of
Miami's Self In^u1�.n.ce l'rnJ'a;n. i'he City Att_orney's office
recommends that the City of Miami. pay $2.9,500.00 to settle this
claim, and P,i_sl,. ffaTiagement agrees and recommends this settlement
at this amoiTnt.
AD/LTI c�
Enc. (Resolution)
84-1C1'1�