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HomeMy WebLinkAboutR-82-0654i Co g� CIA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOHN KILCHICK, WITHOUT THE ADMISSION OF LIABIL- ITY, THE SUM OF $15,000.00 IN FULL AND COMPLETE SETTLE- MENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKER'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ROBERT MILLER, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, JOHN KILCHICK, through James P. D'Angelo, Esq., his attorney, filed a claim against the City of Miami and Robert Miller, for alleged bodily injury, personal injury protec- tion liens, worker's compensation liens, resulting from an arrest by the said Robert Miller on February 19, 1979 at or near 7636 N.E. Miami Court; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office, in accordance with Ordinance #8417, which rrecited the City of Miami's Self -Insurance Program, and said office recommends that these claims be settled for the sum of $15,000.00; NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Director of Finance is hereby authorized to pay to John Kilchick, without the admission of liability, the sum of $15,000.00 in full and complete settlement of all bodily injury, personal injury protection liens and %porker's compensa- tion liens, claims and demands against the City of Miami and Robert Miller upon the execution of a release, releasing the City of Miami and Robert Miller from all bodily injury, personal injury protection liens, iorker's compensation liens, claims and demands. PASSED AND ADOPTED this 22ND day of A est• O CITY CLERK PREP RED AND APPROXIED BY: ROBERTF. CLA K, EPU Y CIT1' ATTORNEY APP V D AS 0 RRI:CTNESS : Gj:O G . F. KNTOX) JR..,ITY CO r: JULY , 1982. MAURICE A, FERRE MAYOR CITY COMMISSION MEETING OF JUL2 2 1982 NMWTW CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM �R TO Tbtf onora Membez o e'cit oMU ssion FROM G7o e'F. Knox,lJr` Ci y Attorney , Date : July 2, 1982 Subject: John Kilchick vs. City of Miami D/I:February 19, 1979 P/I:7636 N.E. Miami Ct. Miami, Florida Plaintiff, JOHN KILCHICK, filed a claim against the CITY OF MIAMI and ROBERT MILLER, then a police officer for the City of Miami. through his attorney, James P. D'Angelo of Brimmell and Graham, P.A., for personal injuries received by John Kilchick, during an arrest effected by Officer Miller. The arrest was the product of a mistake; the officer believed that Mr. Kilchick was a burglar. The incident occurred in the 1979, in Mr. Kilchick's residence, Miami, Dade County, Florida. early :Horning hours of February 19, located at 7636 N.E. Miami Court, City of Miami police officers had been summoned to the residence to investigate the possibility that the residence was being burglar- ized. The neighbor who made the report, Mrs. Clappert, had also informed the City's Public Service aide that a mental defective lived in the house. The responding officers, including Officer Miller, were not informed by the Public Service aide that a mental defective lived in the house. Officer Miller entered the residence with Kraut, a City police dog. Miller then released Kraut. Kraut found Mr. Kilchick in a bedroom and attacked, biting him repeatedly. Also, during the course of the arrest, he was struck by Officer Miller's nightstick several times. Mr. Kilchick was hospitalized for approximately 30 days. He has unpaid medical bills of $7,248.96. His primary problem is psychiatric in nature. Dr. David Pinosky, a psychiatrist engaged by the City to examine Mr. Kilchick, concluded that Mr. Kilchick suffers from an acute exacerbation of a chronic schizophrenic process that was aggravated by the circumstances attendant his arrest. Plaintiff's original demand for settlement was in the amount of $35,000.00. This matter can be settled for $15,000.00, a figure that was reaghed through extensive negotiations. The above claim has been investigated by the City Attorney's Office in accordance with Ordinance #8417, which creates the City of Miami's Self -Insurance Program and the said office recommends that the City of Miami pay $15,000.00 in settlement of this claim. GFK/CCA1/dm 82-651.