HomeMy WebLinkAboutR-81-01271
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO FELIX WRIGHT AND AUSTIN
DARLING WITHOUT THE ADMISSION OF LIABILITY,
� TIC+ 17 THE SUM OF SIX THOUSAND THREE HUNDRED
EIGHTY-TWO DOLLARS AND FORTY CENTS IN FULL
AND COt1PLETI; SETTLEMENT nF ALL BODILY INJURY,
PERSONAL INJURY PROTECTIO'•I LIENS, AND WORK-
1 HAN'S COMPENSATION LIENS, ALI, CLAIMS AND
DEMANDS AGAINST THE CITY Ohs MIAMI, AND UPON
EXECUTION OF A RELEASE, RF;LEASING THE CITY
OF MIAMI AND J. DOMM AND C. STAFFORD FROM
ALL CLAIMS ACID DEMANDS.
XIHEREAS, Felix Wright and Austin Darling, through their
attorneys, Ivan ti. Tobias and Robert S. Singer, filed claims
against the City of Miami, Officer J. Domm and Officer C. Staf-
ford and alleged bodily injury, personal injury protection liens,
workman's compensation liens, resulting from an incident that
occurred on November 19, 1978 at or near 6230 Northwest 14th
Court, in the City of Miami, Florida; and
tslHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office in accordance with Ordi-
nance No. 8417, which creates the City of Miami Self -Insurance
Program, and said office recommends that this claim be settled
for the sum of Six Thousand Three Hundred Eighty -Two Dollars
and Forty Cents ($6,382.40).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIArII, FLORIDA:
Section 1. That the Director of Finance is hereby authorized
to pay to Felix Wright and Austin Darling, and their attorneys,
Ivan M. Tobias and Robert S. Singer, without the admission of
liability, the sum of Six Thousand Three Hundred Eighty -Two
Dollars and Forty Cents ($6,382.40) in full and complete settle -
"DOCUMENT. INDEX
rr
ITEM NO.
CITY COMMISSION
MEETING OF
FEB26IJC`l
RESOLU116N NO.........1........! _..
...................... ....
riient of all bodily injury, personal injury protection liens
and workman's compensation liens, all claims and demands against
the City of Miami by any parties, upon the execution of a
release, releasing the City of Miami, Officer J. Domm and
Officer C. Stafford from all bodily injury, personal injury
protection liens, workman's compensation liens, and all claims
and demands.
PASSED AND ADOPTED this
26 day of FEBRUARY , 1981.
N
0
The Honorable Members of the
City Commission
fobe-9 F. Clark
Acting City Attorney
February
12,1981 L-80-004
Felix Wright & Austin Darling
vs. the City of Miami, et al
Circuit Court Case #79-21771 (22)
D/I: 11/19/78
•P/I: 6230 N. W. 14th Court
This claim arose out of an incident that occurred onThe
November 19, 1978 at or near 6230 Northwest 14th Court.
Defendant, officer J. Domm, struck each Plaintiff with his
flashlight while arresting them. Copies of photographs de-
picting the Plaintiffs' injuries are attached.
As a result of their arrest each Plaintiff was
treated
in Ward "D" at Jackson trlemorial Hospital before they were booked.
Both
They were subsequently treated at the V. A. Hospital.
Plaintiffs are entitled to veterans benefits for injuries they
claimed they sustained in Korea and Vietnam respectively. Felix
Wright received several stitcher as a result of his injury and
is currently complaining of frequent headaches. Austin Darling
was treated for a period of over one year for his injuries and
is currently complaining of dizziness, blurred vision and a
hearing loss.
The Plaintiffs' original demand for settlement was one Hun-
dred Thousand Dollars ($100,000.00). Through extensive negoti-
he claim
ations the amou;i.c Thousand Threeeen Hundredreduced of demand has and Eighty -Two Dollars
be settled for
and Forty Cents ($G,382.40).
The above claim has been investigated by the City Attorney's
office in accordance with ordinance No. 8417, which creates the
City of t•9iami self -Insurance Program andThothe said of ficeundrecom-
mends that the City of riiami pay
SiXed
Eighty-T,jo Dollars and Forty Cents ($6,382.40) in settlement
of this claim. �'
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