HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Membdrs of the City Commission
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FROM: Julie O. Bru City Attorney
DATE: May 28, 2010
RE: Proposed Resolution - City Commission Agenda — June 10, 2010 -
Authorization Not to Request Trial De Novo After Arbitration
Award in Melvin and Alma Colindres, Case No.: 07-13294 CA 03
File No. 10-00629a
This is a wrongful death action arising from the death of 18 -year-old Kevin Colindres
after he was taken into police custody on December 12, 2006. Plaintiffs allege they requested
police intervention in dealing with their autistic son, Kevin, who became violent with family
members on that date. Plaintiffs further claim that while in police custody, Kevin stopped
breathing, suffered brain damage and ultimately died.
Pursuant to section 44.103 of the Florida Statutes, the parties agreed to participate in non-
binding arbitration in an attempt to resolve this matter. The arbitration took place before former
County Attorney Murray Greenberg. On April 28, 2010, the arbitrator entered an award finding
that the City was negligent, and awarding damages to Plaintiffs in the amount of $2.75 million.
Pursuant to subsection 44.103(5) of the Florida Statues, the arbitration decision shall be final if a
request for trial de novo is not timely filed.
The attached proposed Resolution directs the City Attorney not to request a trial de novo.
If Plaintiffs do not request trial de novo, a final judgment will be entered in the amount of $2.75
million. The City of Miami would then be required to pay up to the sovereign immunity cap of
$200,000. Pursuant to Florida statute section 768.28(5), the portion of the judgment that exceeds
the cap may only be paid by further act of the Legislature in passing a claims bill. The City will
contest the passage of a claims bill and assert the defenses it raised in the underlying litigation.
In the event that a claims bill is ultimately passed, the City will seek indemnity benefits from its
excess insurance carrier, which has been put on notice of this claim.
Funds in the amount of $200,000 will be allocated from Account No.
05002.301001.515000.0000.00000.
HJH
Attachment(s)
c. Carlos A. Migoya, City Manager
Elvi Gallastegui, Agenda Coordinator
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