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HomeMy WebLinkAboutR-84-0499J-84-279 3/21/84 RESOLUTION NO. 84-499 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LOREAN BROWNING, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHNNY C. BROWNING, JP.., DECEASED, ON BEHALF OF SAID ESTATE AND ON BEHALF OF ALI., LAWFUL BENEFICIARIES AND SURVIVORS OF JOHNNY C. BROWNING, JR., DECEASED, THE SUM OF THIRTY THOUSAND DOLLARS ($30,000.00), WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, MICHAEL LIOTTI, AND KENNETH I. HARMS, UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI, MICHAEL LIOTTI, AND KENNETH I. HARMS FROM ALL CLAIMS AND DEMANDS. WHEREAS, Lorean Browning, as personal representative of the Estate of Johnny C. Browning, Jr., deceased, on behalf of said Estate and on behalf of all lawful beneficiaries and survivors of Johnny C. Browning, Jr., deceased, to wit: Lorean Browning, Johnny C. Browning, Sr., Edward R. Browning, Curtis L. Browning, Darry L. Browning, Bruce E. Cox, and Melinda Browning, through her attorney, Jack Sobel, of Sobel & Sobel, P.A., filed claims against the City of Miami, Michael Liotti and Kenneth I. Harms, for the death of Johnny C. Browning, Jr. and other injuries, resulting from that certain incident involving City of Miami Police Officer Michael Liotti on April 26, 1983 at or near 2855 Tigertail Avenue, Miami, Dade County, Florida; and WHEREAS, the above claims have been investigated by the Torts Division of 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 these claims be settled without the admission of liability, for the suns o. Thirty Thousand ($30,000.00) Dollars; NON, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby authorized to pay to Lorean Browning, as the personal representative of the Estate of Johnny C. Browning, Jr., deceased, on behalf of said CITY CUML�r l.)SIUIN P.PR 2�tz tail t 4 -49' �EPdt.KK Estate and on behalf of all lawful beneficiaries and survivors of Johnny C. Rrol,ni.ng, Jr., deceased, the sum of Thirty Thousand ($30,000.00) r_)ol.lars, without the admission of liahil.i.ty, in full and complete and settlement of any and all claims and demands against the City of Miami, t9i.chael. Liotti, and Kenneth 1. Harms, upon execution of a release, releasing the City of t4iami, Michael Liotti, and Kenneth I. Harms, from said claims and demands. PASSED AND ADOPTED this 26th day of A iP "il , 1984. Maurice A. Ferre MAURICE A. FERRE MAYOR ATTEST: RSA ,Pfi G . ONG I E CITY CLERK PREPARED AND APPROVED BY: .44� �� ULIA J .�TS � ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: AOSE GARCIA-PEDR SA CITY ATTORNEY JJR/wpc/ab/137 CITY OF MWAT. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM Jose Garcia -Pedrosa City Attorney DATE. April 10, 1984 Fr!_E: SU©JECT Claim of Lorean Browning as Representative of the Estate of Johnny C. Browning, Jr_., against City of Miami, Michael Liotti, R EFFfz and Kenneth Kenneth I. Harms D/I: April 26, 1983 ENCLOSUr i -L/I: 2855 Tige.rtail Avenue Resolution: J-84-89 The attached proposed settlement Resolution was not considered on the April 5, .1.984 Agenda despite our representation to Plaintiff's counsel that the item would be so'consi.dered. Although the April 26th Commission ,meeting is reserved generally for matters arising out of or under the City's zoning ordinance, we respectfully recommend favorable consideration of this matter at your next meeting. Accordingly, Mr. Perez-Lugones is hereby requested to place this matter on the April 26th Agenda. JGP:RFC:mh cc: Ralph G. Ongie, City Clerk Manny Alvarez, Special Assistant to the City Manager Aurelio Perez-Lugones, Director P & Z Boards Administration 84-499 I CITY Or ri-Or'IDA, INTER -OFFICE MEMC7PA!` NUM TO Honorable Mayor and Members DATE of the City Commission SUBJECT FROM Jose Garcia -Pedrosa REFERENCES. City Attorney ENCLOSURES March 21, 1984 FILE, A--84-004 Claim of Lorean Browning as Representative of the Estate of Johnny C. Browning, Jr., against City of Miami, Michael Liotti, and Kenneth 1. Harms D/1: April 26, 1983 L/I: 2855 Tigertail Avenue Resolution: J-84-89 Plaintiff, Lorean Browning, filed a claim against the City of Miami, Michael Liotti, and Kenneth I. Harms, through her attorney, Jack Sobel, of Sobel & Sobel, P.A., on behalf of the Estate of Johnny C. Browning, Jr., deceased, and on behalf of all lawful beneficiaries and survivors of Johnny C. Browning, Jr., deceased, for the alleged wrongful death of Johnny C. Browning, Jr. and other injuries, which resulted from a certain incident involving City of Miami Police Officer Michael Liotti. This incident occurred on April 26, 1983 at or near 2855 Tiger - tail Avenue, Miami, Dade County, Florida. Johnny C. Browning, Jr. was sitting in a car parked in the parking lot at 25 Tigertail Avenue, Miami, Florida. City of Miami Police Officer Michael Liotti and his partner, Pedro Canino, r•,ere raorking "directive" patrol in an unm��rked car with civilian clothing over their uniform. The police oificcra � cre ordered to covet: the Grove area air'ound 11 ar:y St;I:eot, ` igei.-tail, t;.1"1E': hlayf4` ir, and 27th Avenue on loo),out for hr oalzing a i)d entry into cars, and Ltrong arm robberies or purcc snat:chi.ngs frori 3:00 11.I13, in the afternoon unt:i_I. ).:DO A.t;. in the, morning. At app,. ox: i.mate ly 11 : 3 D P . H) . , while coming north on Mary Street toward Tigertail Avenue, Officer Canino observed a Black male knock down a white female approximately fifteen feet east on Tigertail from its intersection with nary Street. The offender grabbed the female's purse and with his companion ran north across Tigertail Avenue into the parking lot at 2855 Tigertail Avenue. The two suspects approached Johnny C. Browning's car, opened the doors, jumped in and then jumped out, closing the doors and fleeing. Officer Liotti pulled his unmarked police car into the only entrance to the parking lot, attempting to block the supposed getaway vehicle which was the Browning vehicle. Officer Canino jumped out of the police vehicle to give chase to 84-495 k i Honorable Mayor and Members of the City Commission March 21, 1984 Page 2 the two suspects on foot. Officer Liotti brought the police vehicle to a stop, exited the police vehicle and moved around behind it to follow Officer Canino. At that time, Johnny C. Browning, Jr. started up his vehicle and began to pull around the police vehicle to leave the parking lot. Officer Liotti ran back around his vehicle and came into the path of the Browning vehicle. Realizing the Browning vehicle had not been blocked in to its parking space and was proceeding toward him, Officer Liotti started backing away. As the vehicle driven by Johnny C. Browning, Jr. cleared the police vehicle and started to proceed through the gap in the driveway, it appeared to Officer Liotti that he would be knocked under the side of the car. Conse- quently, he fired one shot from the hip which caught Johnny C. Browning, Jr. in the left armpit. The coroner's report later showed the bullet to have proceeded slightly forward and downward in direction. As the Browning car proceeded out into Tigertail, turning west, Officer Liotti shot two more rounds, one striking the passenger's side of the car and the other striking the mid trunk area. Officer Liotti lost sight of the Browning car. It was later found just past the intersection of Virginia Street and Oak Street where it had struck a parked vehicle. The K-9 officer, who discovered the car, found Johnny C. Browning, Jr. in the car mortally vounded. Johnny C. Br.ovni.ng, 0r. left as survivors his mother and father, = Lorean B -owning and Johnny C. Browning, Sr., and his brothers and sister, Edwar6 R. Browning, Curtis L. Browning, Daa:ry L. Browning, Bruce 171. Cox, and Melinda Browning. Lorea.n Browning brought this claim against the City of Miami, Police Officer Michael Liotti and Kenneth I. Harms, alleging not only wrongful death due to the negligence of Officer Liotti but also alleging the use of excessive force by Officer Liotti. The measure of damages in this suit is the survivors' pain and suffering, loss of support, and loss of association and guidance from the deceased. Plaintiff's basis for a claim against the City of Miami and Kenneth I. Harms rests on allegations of negligent retention and training of Officer Liotti and the encouragement of a policy of excessive force. Plaintiff's basis for claim against Police Officer Liotti was that Officer Liotti negligently failed to block the Browning vehicle and negligently put himself in a position of having to use deadly force by stepping in front of 84-495 Honorable Mayor and Members March 21, 1984 of the City Commission Page 3 the oncoming Browning vehicle. Plaintiff also alleges that the path of the bullet which struck Johnny C. Browning, Jr. indi- cates that the Browning vehicle was passing the police officer at the time the police officer fired, that the police officer no longer had reason to fear for his life and, therefore, was not entitled to use deadly force. 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. Plaintiff's original demand was in excess of One Hundred Thousand ($100,000.00) Dollars. After extensive discussions and negotia- tions of all claims, including claims for costs and attorney's fees, this matter can now be settled without the admission of liability for the sum of Thirty Thousand ($30,000.00) Dollars. The City Attorney's Office recommends that the City of Miami pay $30,000.00 in full and complete settlement of this claim against the City of Miami and its individual employees. Jf GP/JJR/tapc/ab/138 Enclosures (1)