HomeMy WebLinkAboutR-84-01941
J=84=89
1/21/84
RESOLUTION NO, 814"I94
A RESOLUTION AUTHORIZING ThE DIRECTOR OF
FINANCE TO PAY TO ROSIbEL SAAVEb RA# AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
ROSENbo SAAVEDRA# DECEASED, ON 89HALF OF SAID
ESTATE AND ON BEHALF OF ALL LAWFUL B8NE-
FICIARIES AND SURVIVORS OF ROSENOO SAAVEDRAi
DECEASED+ THE SUM OF SIX HUNDRED 'TWENTY=FIVE
THOUSAND DOLLARS ($625,000.00)y WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, JOHN SPRAGUE,
ARMANDO GUZMAN, AND KENNETH I. HARMSt UPON
EXECUTION OF A RELEASE RELEASING THE CITY OF
MtAMI, JOHN SPRAGUE; ARMANDO GUZMAN, AND
KENNETH 1. HARMS FROM ALL CLAIMS AND
DEMANDS,
WHEREAS, Rosibel Saavedra, as the personal representative of
the Estate of Rosendo Saavedra, deceased, on behalf of said
estate and on behalf of all lawful beneficiaries and survivors of
Rosendo Saavedra, deceased, to wit: Rosibel Saavedra, Rosendo
Saavedra, Carlos A. Saavedra, maribel Saavedra, Rosibel Saavedra,
Dinorah Saavedra, Karla U. Saavedra, Fabricio Martin Saavedra and
Jaime Saavedra, through her attorney Alan Goldfarb, of Goldfarb &
Vold, P.A., filed claims against the City of Miami, John Sprague,
Armando Guzman and Kenneth I. Harms, for the death of Rosendo
Saavedra and other injuries, resulting from that certain incident
involving City of Miami Police Officers John Sprague and Armando
Guzman on November 19, 1981 at or near the intersection of
Northwest 1st Avenue and 21st Street, Miami, Dade County,
Florida; and
a
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 of Six Hundred Twenty -Five Thousand Dollars
($625,4QA.04);
CITY COMUSSION
MET= OF
F-8 0 l
1.,
IREMAW.
NOWO THEREFORE# BE IT RESOLVED BY THE COMMISSION OF THE CITY
OP MIAMI, FLORIbA:
Section 1. The Director of Finance is hereby authorited
to pay to Rosibel Saavedra# as the personal representative of the
Estate of Rosendo Saavedra # deceased r on behalf of said estate
and on behalf of all lawful beneficiaries and survivors of
Rosendo Saavedra; deceasedi the sum of Six Hundred Twenty=Five
Thousand Dollars ($625,000.00), without the admission of lia-
bility, in full and complete settlement of any and all claims and
demands against the City of Miami► John Spraguet Armando Guzman
and Kenneth I. Harms► upon execution of a release, releasing the
City of Miami► John Sprague, Armando Guzman, and Kenneth I.
Harms, from said claims and demands.
PASSED AND ADOPTED this 9th day of February _ ► 1984.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
LPH G. ONGIE
ITY CLERK
PREPARED AND APPROVED BY:
-"ROBERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
too
E GARCIA PEDROSA
ITY ATTORNEY
JJR/WPC/ab/Q$5
41 GttY oft MlAMI. #L614ICA
IN'rEIIa6ft ICV MervidRANOUM
t0
Honorable Mayor and Members °AT£ January;, 1984 V=8115'
of the City Commission
z� Rosibel Saavedra, et al., Vs.
The City of Miami, John Sprague
Armando Guzman and Xenneth
/� FROM I , Harms
REFERENCES: Jose Gardia=Pedroza uaS. Ditt. Court #81-2690—Civ=J'
City Attorney ! D/I: November 19, 1981
ENCLOSURES: L/I iv.W• lst Ave. & 218t St. $
Resolaticn J-84-89
Plaintiff Rosibel Saavedra filed a claim against the City of
.Miami, John Sprague, Armando Guzman an6Kenneth I. Harms through
her attorney Alan Goldfarb, of Goldfarb & Gold, P.A., on behalf
of the Estate of.Rosendo Saavedra, deceased and on behalf of all
lawful beneficiaries and survivors of aosendo Saavedra, deceased,
For the alleged wrongful death of Rosendo Saavedra and -other
injuries, which resulted from a certain incident involving City
of Miami Police Officers John Sprague and Armando Guzman.
This incident occurred on November 19, 1981 at or near the
intersection of Northwest 1st avenue and 21st Street, Miami, Dade
County, Florida. Rosendo Saavedra was sitting in a car parked on
Northwest 21st Street protruding into its intersection with
Northwest 1st Avenue. City of Miami Police Officers John Sprague
and Armando Guzman were on routine patrol in the area when they
saw the car. The circumstances existing at that time led them to
suspect that there was possible illegal activity such as a
burglary in progress in the area and that this car may have been
a look -out vehicle.
Officers Sprague and Guzman approached the parked car and removed
Rosendo Saavedra from the driver's seat. Mr. Saavedra appeared
drowsy and unresponsive to their requests and orders. He was
armed with a handgun which was left on the seat of the car when
he was removed from the car by the police officers. Officer
Sprague, who was carrying a shotgun, took hold of Mr. Saavedra's
shoulder and physically directed him to the back of the parked
vehicle where he attempted to place Mr. Saavedra in a spread
position against the car. Officer Sprague then attempted to cover
Mr. Saavedra with the shotgun in order that a search could be
Honorable Maurice A, Perre and
Members of the city Commission
January 27, 1984
Page 2
conducted. The shotgun acClientally 3ischarged killing Rosendo
Saavedra.
Rosendo Saavedra was later ide nti°is-_. as a 21 Year old security
guard in the employ of Lewellyn S,.%-c,;r Ic Lie was ass i .ned
co a te;tporary job guar:]ing 3 at the back of a
basiness in the area of cni.a inciil-ant,
Rosendo Saavedra left as survivors . _.:�r and f,�t;.ei, csi e>
and Rosendo Saavedra, and his brcta,!r3 and sisters, Carlos ,
Saavedra, Maribel Saa7 edra, Rosinel Saavedra, Dinorah Saavedra,
Karla U. Saavedra, Fabricio Martin Saavedra and Jaime Saaveara.
Plaintiff Rosibel Saavedra brought this suit in Federal Court
alleging not only wrongful death due to the negligence of Police
Officers John Sprague a'nd Armando Guzman, but also violation of
the civil rights under 42 U.S.C. Section 1983 of the deceased,
Rosendo Saavedra. The measure of damages in this case is the
survivors' pain and suffering, loss of support, and loss of
association and guidance of the deceased.
Plaintiff's basis for claim under 42 U.S.C. Section 1983,
violation of civil rights, against the City of Miami and Kenneth
I. Harms rests on the allegations of negligent hiring, retention,
and training of Police Officers John Sprague and Armando Guzman
and upon allegations of policies and customs of the City of Miami
Police Department which were allegedly violative of the de-
cedent's constitutionally protected rights. Plaintiff has also
claimed attorney's fees under 42 U.S.C. Section 1988.
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. After
extensive discussions and negotiations 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 Six
Hundred Twenty -Five Thousand Dollars ($625,000.00). The City
Attorney's Office recommends that the City of Miami pay Six
Hundred Twenty -Five Thousand Dollars ($625,000.00) in full and
complete settlement of this claim against the City of Miami and
its individual employees.
yn1
JGP/JJ R/wpc/ab/086
Rnclosures (Resolution)