HomeMy WebLinkAboutR-81-1012RESOLUTION NO. $ 1 ' 1 (} 4
A RESOLUTION] AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO FREDERICA McDUFFIE, AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF ARTHUR McDUFFIE,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
$100,000 IN FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, PERSONAL INJURY PROTECTION LIENS,
WORKMENS COMPENSATION LIENS, AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECU-
TION OF A RELEASE, RELEASING THE CITY OF MIAMI
A14D ITS EMPLOYEES FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Frederica McDuffie, as the Personal Representa-
tive of the Estate of Arthur McDuffie, through her attorneys,
Ronald S. Guralnick, Carol King Guralnick, Sharon L. Wolfe,
Donald M. Papy, and Jeffrey Schwarz, filed a claim against the
City of Miami and certain of its employees and alleging that
bodily injury and the death of Arthur McDuffie resulted from
an incident that occurred on December 17, 1979, at or near
Northwest 38th Street and North Miami Avenue, in the City of
Miami, Florida; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's office in accordance with
Ordinance #8417 which created the City of Miami Self -Insurance
Program, and said office recommends that this claim and result-
ing litigation be settled for the sum of $100,000;
NOW, 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 Frederica McDuffie, as the Personal Representative of
the Estate of Arthur McDuffie, without the admission of liability,
the sum of $100,000 in full and complete settlement of all
bodily injury, personal injury protection liens, and Workmens
Compensation liens, all claims and demands against the City of
CITY COMMISSION
MEETING OF
NOV 191981
81-1 12
Miami and its employees, by any parties, upon the execution
of a release, releasing the City of Miami and its employees
from all bodily injury, personal injury protection liens,
Workmens Compensation liens, and all claims and demands.
PASSED A14D ADOPTED this 19TH day of NOVEMBER 1981.
ATTEST:
e
Z, CITY-
PREPARED A14D APPROVED BY:
74
R BERT F. CLARK
DEPUTY CITY ATTORNEY
� r
MAURICE A. FERRE
M A Y O R
D AS TO FORM ADD CORRECTNESS:
IWA
T-
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81 -1012
ctry OF MIAMI. FLORIDA
INTEROFFICE iMEMORANDUM
TO 1-lonorable Hembers of the 0.1,tF November 18, 1981 :IIE
'8
Proposed Claim Settlement
Resolution
FI,,,,•9 eeoge F. Knox Jr. FrEFII, r:, F , McDuffie Claim
City Attorney
F NCIU ;�,•! •,
This lawsuit in federal court arose from an incident occurring
December 17, 1979, in the vicinity of Northwest 38th Street
and Miami Avenue, wherein Arthur McDuffie expired from injuries
he received in the course of being arrested for a traffic viola-
tion. A City of Miami Police Officer was involved and he, to-
gether with the City, the Police Chief and the then City Manager
are among the parties named as defendants.
Mr. McDuffie was survived by his parents, two daughters and an
illegitimate son. All five of these individuals have sought
damages pursuant to the Florida Wrongful Death Statute. A
Summary Judgment was obtained against the claim of the decedent's
father, Adell I•IcDuffie.
The various items of damage hive been verified. After extended
settlement discussions and negotiations it has been determined
that this matter can be settled for $100,000 on behalf of the
City and its employees. Metropolitan Dade County is contributing
an additional $1,000,000 to settie this lawsuit.
This office is fully aware of the investigation which has taken
place in this matter and in accordance with Ordinance #8417,
which created the City of Iliami Self -Insurance Program, we
recommend that the City of Miami pay $100,000 in settlement of
this claim. This recommendation is reflected in the attached
proposed resolution, the original of which is being forwarded
to the City Hanager for placement as early as possible on the
City Commission meeting agenda.
GFh/RFC/bbb
CC: City Manager
City Clerk