HomeMy WebLinkAboutR-83-1062j-83-1017 f
RESOLUTION NO. S f j i4
A RESOLUFION AUTEiORIZING TIE DIRECTOR OF FINANCE
TO PAY TO GHISLAINE BIEN-AIMS, INDIVIDUALLY AND
AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
LaFONTANT BIEN-AIMS, DECEASED, THE SUN OF
$391,000.00, 11ITHOUT THE ALI`i1ISSION OF LIABILITY,
IN FULL AND CO TLETE SET=IENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
KART. ROBINS, KENNETH HARMS AND MAURICE FERRE
UPON EXECUTION OF A RELEASE RELEASING THE CITY,
KARL ROBINS, KENNETH HARMS AND MAURICE FERRE
FROM ALL CLAIMS AND DEMANDS.
j%M�, GHISLAINE BIEN-AL%E, individually and as the personal
representative of the estate of LaFONTANT BIEN-AIME, deceased, and as the
surviving parent of MARIE BER.LINE BIEN-AE-E, KEENSY BIEN-AIME, JUBILY BIEN-
AIME, JOCELYN BIEN-AD E, BRUZY BIEN-ALMS, and BERTHONEY BIEN-RIME, through
her attorney IRA KURZBAN, KURZBAN, KURZBAN & IaEINGER, P.A., filed claims
against the CITY OF MIAMI, KARL ROBINS, KENNETH HARMS and MAURICE FERRE,
for the death of LaFONTANT BIEN-AIMS and other injuries, resulting from that
certain incident involving City of Miami police officer KARL ROBINS on
May 18, 1980 at or near the intersection of N.W. 42nd Street and 2nd Avenue,
Miami, Dade County, Florida; and
1%1HEREAS, the above claims have been investigated by the Torts Division
of the City Attorney's office and in accordance with Ordinance 8417, which
creates the City of Miami Self Insurance Program, the said office recommends _
that these claims be settled without the admission of liability, for the sum
of $391,000.00;
FLORIDA:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Section 1. The Director of Finance is hereby authorized to pay to
GHISLAINE BIEN-AIME individually and as personal representative of the estate
of LaFONTANT BIEN-AIME, deceased, the star of $391,000.00, without the admission
of liability, in full and complete settlement of any and all claims and demands
against the CITY OF MIAMI, KARL ROBINS, KENNETH HARMS and MAURICE FERRE, upon
eyecution of a release releasing the CITY OF NJIAMI, KARL ROBINS, KE12M HARMS
and MAURICE FERRE from said claims and demands.
CITY =-1!41SSI0N
IvT E t `, T,. G OF
t:CV 16 1983
kC OI,.:: i,; 83-10
4
PASSED AND ADOPTED this 16th day of tiuvember , 1983.
ATTEST:
LPH G. ONGIE
C Y CLERK
_ I'Saurice A. [erne
MAURICE A. FERRE
M A Y 0 R
APPROVED AS TO FORM AND CORRECTNESS:
JjUfiE R. GARCIA-PEDROSA
TY ATTORNEY
-2-
83--1062
I-9 3-924 a a
rI f Y flF 1-1IAll I, F L0RIOA
INIFR -Of F rCF 'Iff flORANDUM
1g: Honorable Mayor anti l•lemhers 04IF: Novemher 16, 19H5 Fil_F: L-81-118
of the City Commis,inn
51JI3J1_('f: Chislaitie r3teri-Airne, Individually
and as PersoiM Representative of
the Estate or LaFontant. Rien-Aime,
et al., v. City of Miami Karl
Robins, Kenneth arms and Maurice
Ferre, U. 5. District CourtCast?
No. 8 -1081, C_IV-SMA
FROM: Jose R. Garcia -Pedrosa RLFFRENCC: 0'/1: May 18, 1980
City Attorney L/1: NW 42nd Street N Znd Avenue,
Miami, Dade Co., Florida
FNCL091,11T: Resolution J-83-1017
Plaintiff, Ghislaine Bien-Airne, filed a claim against the
City of Miami, Karl Robins, Kenneth Harms and Maurice Ferre
through her attorney, Ira Kurzhan of Kurzhan, Kurzhan &
Weinqer, P.A., on her own behalf, on behalf of the Estate of
LaFontant Bien -Rime, Deceased, and as surviving parent of the
six children of LaFontant Bien-Airne for the alleged wrongful
death of LaFontant Bien-Aime and other injuries, which
resulted from a certain incident involving City of Miami
Police Officer Karl Robing.
This incident occurred on May 18, 1980 at or near the
intersection of NW 42nd Street and Znd Avenue, Miami, Dade
County, Florida. LaFontant Bien-Airne was driving a van on NlV
42nd Street just past its intersection with Znd Avenue. In
the van with Mr. Bien-Aime was his minor son, Keensey
Bien-Aime. As Mr. Bien-Aime proceeded down NW 42nd Street,
he approached City of Miami Police Officer Karl Robins who
was standing in the Westhound Lane of NW 42nd Street.
Officer Robins had reported to that area in response to a
police dispatch call concerning fires and/or looting.
Officer Rot) ins had been ,living chase to two looters. He
hart just. abandoned the chase and was standing in the
westbound traffic lane of NW 42nd Street, when he saw the
Bien-Aime van approaching him. In fear of his life, Officer
Robins jumped hack and discharged a police -issued 12 gauge
shotgun into the sine window of the van, killing the driver
LaFonntant. Bien- Aiin(--.
63-1062
Hnnora1)10 Mayer anti Memher.9
of thr? City Coin:ni -�sion
F1LF: I_-t31-1113
taFontant Rion -airn^
Page 2
FVidencc' has in-1irated that IIr. Bien - Aicne, the 3`4 vear ()Ili
Pastor of L'Fg1 ise it C r i s t mputu, was on his way t-n
pick up various 1)arishioners when he r!ntered thi., area and
this incident. occurre(I.
I.aFontant Bien -,limn left as SUrvivirs his wife, Ghi:3laine
Bien -dime, and his minor children, Marie 13er1itie Bien - Aiine,
Keensy Bien -Rime, JubiIy Bien -Rime, Joc eIyn ►3.ien--Aime, Browny
Bien -Rime, and Rerthoney 13ien-dime. Plaintiff, G h i s I a i n e
Bien - Aiine, brought this suit in Federal Court aIIt?giny nut.
only wrangfuI death due to the negligence of Poi ire Officer
Karl Robins but also violation of the Civil Rights under 42
U.S.C. Section 1983 of the deceased, LaFont. ant Bien-Aimp . The
measure of damages in this case is the survivors' pain and
suffering, lass of support, and 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, Kenneth
Harms, and Maurice Ferre rested on allegations of negligent
hiring, retention, and training of Police Officer Karl Robins
and upon allegations of policies and customs of the City of
Miami Police Department which were allegedly violative of
the decedent's constitutionally protected rights. Plaintiff
also claimed attorneys' fees under 42 U.S.C. Section 1988.
Al 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 attorneys' fees, this
matter can now be settled without the admission of liability
for the sum of $391,000. The City Attorney's Office
recommends that the City of Miami pay $391,000, in full and
complete settlement of this claim.
JGP/JJR/rr
83--i0s�
r4awer 6). . 1 ry r
ATTORNEY AT LAW
DADE SAVINGS BANK BLDG. SUITE 207
1400 N W 38 STREET
MIAMI. FLORIDA 33142
I3051 638.8882
November 15, 1983
The Hon. Jose Garcia-Perdosa
City Attorney
City of Miami Law Department
169 East Flagler Street
Suite 1101
Miami, Florida 33131
RE: MSLAINE BIEN-AIME, et al. vs.
KARL ROBINS, etc. et al.
CASE NO.: 81-2081 (CIV-SMA)
Law File No.: 81-118
Dear Mr. Garcia-Perdosa:
Enclosed herewith please find the Settlement Resolution that I
prepared relative the above captioned case.
If you wart me to attend the City Commission meeting I will be
happy to do so.
Very truly yours,
ju.W.ML
S C. YS
CCM/db
Encls.
83-1062