HomeMy WebLinkAboutR-79-0734RESOLUTION NO. 7 9` 7 34
A RESOLUTION AUTHORIZING PAYMENT OF AN AMOUNT
NOT TO EXCEED $30,000 FOR LEGAL SERVICES REN-
DERED IN CONNECTION WITH THE CASE OF JOSEPH
COOK V. CITY OF MIAMI, ET AL., U.S. DISTRICT.
COURT, SOUTHERN ISTRICT OF FLORIDA, CIVIL
ACTION /i78-3225-CIV-JG, AND TWO OTHER RELATED
LAWSUITS WITH ALL OF THE FUNDS BEING ALLOCATED
FROM THE SELF-INSURANCE TRUST FUND.
WHEREAS, JOSEPH COOK, a City of Miami Police Officer
assigned to undercover duty, was injured by uniformed
police officers of the Miami Police Department during the
course of performing his undercover duties on September 3,
1974; and
WHEREAS, in addition to pursuing his Workmen Compensa-
tion remedy, the said JOSEPH COOK filed suit in the Federal
District Court seeking relief under Civil Rights Statutes;
and
WHEREAS, the City's liability insurance carrier denied
coverage and protection to the City of Miami and refused to
appear and defend the City in the aforesaid lawsuit; and
WHEREAS, the interests of the City were best served by
the retention of legal counsel with expertise in thefield
ofof insurance; and "DOCUMENT INDEX
WHEREAS, on December 14, 1978, the City ITEM Commiss.NO
ion passed
Resolution No. 78-759 enitlted "A RESOLUTION APPROVING,
RATIFYING AND CONFIRMING THE ACTION OF THE CITY ATTORNEY
REGARDING THE EMPLOYMENT OF THE LAW FIRM' OF SNYDER, YOUNG,
STERN, BARRETT & TANNENBAUM TO REPRESENT THE CITY OF MIAMI
IN THE CASE OF JOSEPH COOK•V. CITY OF MIAMI ET AL., U.S.
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CIVIL ACTION
4i78-3225-CIV-JG; FURTHER AUTHORIZING THE PAYMENT OF $10,339.40
TO THE SAID LAW FIRM WITH FUNDS THEREFOR ALLOCATED FROM THE
►,
CITY COMMISSION
MEETING OF
OCT3I 1979
mow 79-73
Noy............._.._,.
ewer........................,.
SELF-INSURANCE TRUST FUND; LIMITING THE TOTAL PAYMENT TO
SAID LAW FIRM TO $30,000 UNLESS FURTHER AUTHORIZED BY THE
CITY COMMISSION."; and
WHEREAS, in January, 1979, the City Commission indicated
that the representation of the City was being made by JOHN R'
BARRETT, ESQ. and by BURTON YOUNG, ESQ.; and
WHEREAS, in February, 1979, the City was sued by. its
primary coverage carrier, Appalachian Insurance Company of
Providence in U.S. District Court, Southern Distrct of
Florida (Case #79-591-CIV7WMH) with the City being repre-
sented by BURTON YOUNG, ESQ.; and
WHEREAS, in September, 1979, the City, through BURTON
YOUNG, ESQ., filed suit against its excess liability carrier,
Midland Insurance Company in the Dade County Circuit Court
in Case #79-1602 CA -(Div-10); and
WHEREAS, the sum of $29,787.41 has been expended as of
October 3, 1979, with a further sum of $2,014.75 being presently
due and payable to outside counsel; and
WHEREAS, authorization for the expenditure of an addi
tional amount not to exceed $30,000 for legal services herein
is deemed necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE-COMMISSION'OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Payment of an amount not to exceed $30,000
is hereby authorized and allocated from the Self -Insurance
Trust Fund as payment to BURTON YOUNG, ESQ. for legal services.
rendered in connection with the representation of the "inter-
ests -of the City in the following lawsuits:
Joseph Cook v. City of Miami, et al., U.S. District
Court, Southern District of Florida,, Civil Action
#78-3225-CIV7JG.
(b) Appalachian Insurance Company of. Providence v. City
of Miami, U. S. District Court, Southern District
of Florida, Case 4179-591-CIVWMH.
(a)
-2-
(c) City of Miami, et al. v. Midland. Insurance Company
Dade County Circuit Court Case #79-1602 CA (Div-10)-.
Section 2. Payment of the sum of $2,014.75 from the
aforesaid $30,000 to JOHN R. BARRETT, ESQ., for professional
services rendered in the case of Joseph Cook v. City of
Miami, et al., U. S. District Court, Southern District of
Florida, Civil Action #78-3225-CIV-JG is hereby approved.
PASSED AND ADOPTED this 31 day of October
1979.
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVE, TO FORM AND CORRECTNESS:
79
734
TO Honorable Members of the
City Cpiiission
cnp;t: G e o r
City
i1''i�l �:.i(•+_i1't".�:...f..• L'.MORA141141 9b1
44t 1979
:,�_:I Joseph /Colic WI. City of Miami,
et al
ly1 11
,
ENc_osurd_s Resolution No. 78-759
By way of summary, this original lawsuit aroseout of an
incident involving an arrest performed by several City of
Miami uniformed police officers upon another City of Miami
police officer working, undercover in the Biscayne Boulevard
area. As a result of this incident, the undercover officer
was hospitalized, and some of the arresting officers were
disciplined, including one dismissal The incident occurred
on September 3, 1974.
Mr. Cook, through his attorney, Mr. Jesse McCrary, filed an
action in Federal. Court, alleging violation of his civil
rights and asserting damages against the City of Miami,
three City of Miami police officers, a police sergeant, the
Chief of Police, the City Manager, and the Mayor, both in
their official capacities and individually, in an amount of
$2,000,000.00. Outside counsel was retained for the City in
this matter.
At the time, the amount of $30,000.00 was authorized under
the authority of Resolution 78-759 to defray the expenses of
litigation in the action of. Cook vs. City of Miami. There
has been a total expenditure of $29,787.41.
In addition to the Cook vs. City of Miami action, two other
law suits have arisen as a result of the City's insurance
companies refusal to extend coverage to the City in this
incident.' The primary insurance company, Appalachian, has
filed a Declaratory action in Federal Court to determine
the issue of coverage. The excess carrier refused coverage,
and Burton Young, Esquire, Special Counsel for the City,
has filed an action to protect the City's interest.
As a result of these two other cases being heavily litigated,
the original amount allocated for the Cook case has not been
sufficient. Success in this litigation will represent
services to the City in an excess of One Million Dollars.
Honorable Members of the
City Commission
Memorandum - Page 2
continued
October 11, 19.79
Accordingly, authority for payment of an amount not to ex-
ceed $30,000.00 is hereby requested. From this amount, the
sum of $2,014.75 will be paid to Mr. Barrett for his services
rendered in connection with the original lawsuit.
GFK/et
attachment: as stated