HomeMy WebLinkAboutLegislationFile Number: 10-00629a
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY NOT TO REQUEST A TRIAL DE NOVO FROM THE NON BINDING
ARBITRATION AWARD TO THE CLAIMANTS DATED APRIL 28, 2010 IN THE
CASE OF COLINDRES V. CITY OF MIAMI, CASE NO.: 07-13294 CA 03.
WHEREAS, the City of Miami has been sued in the case of Colindres v. City of Miami, Case
No.: 07-13294 pending in the Circuit Court of the 11 th Judicial Circuit in and for Miami -Dade County,
Florida, for wrongful death arising out of the restraint and detention of an 18 year old autistic man,
occurring on December 12, 2006; and
WHEREAS, the City Attorney's Office has investigated this claim and the lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that the City of Miami not request trial de novo from the arbitration award to the
claimants dated April 28, 2010, rendered by arbitrator Murray Greenberg in the amount of $2.75
million; and
WHEREAS, the City will contest any proceeding seeking to obtain a claims bill for any amounts
above the sovereign immunity cap of $200,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby directed not to request trial de novo from the non
binding arbitration award to the claimants dated April 28, 2010 in the case of Colindres v. City of
Miami, Case No.: 07-13294.
Section 3. In the event Plaintiffs do not request trial de novo and a final judgment in the
amount of $2.75 million is entered, the Director of Finance is authorized to pay the Plaintiffs, without
admission of liability, the aggregate total sum of $200,000, in satisfaction of the final judgment up to
the sovereign immunity cap, with funds allocated from the Self -Insurance and Insurance Trust Fund,
Index Code No. 05002.301001.515000.0000.00000.
Section 4. The City Attorney is hereby directed to contest any proceedings seeking to obtain a
claims bill for any amounts above the sovereign immunity cap of $200,000,
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Cite of Miami Page 1 of 2 File Id: 10-00629a (Version: 1) Printed On: 611/2010
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Resolution
File Number: 10-00629a
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY NOT TO REQUEST A TRIAL DE NOVO FROM THE NON BINDING
ARBITRATION AWARD TO THE CLAIMANTS DATED APRIL 28, 2010 IN THE
CASE OF COLINDRES V. CITY OF MIAMI, CASE NO.: 07-13294 CA 03.
WHEREAS, the City of Miami has been sued in the case of Colindres v. City of Miami, Case
No.: 07-13294 pending in the Circuit Court of the 11 th Judicial Circuit in and for Miami -Dade County,
Florida, for wrongful death arising out of the restraint and detention of an 18 year old autistic man,
occurring on December 12, 2006; and
WHEREAS, the City Attorney's Office has investigated this claim and the lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that the City of Miami not request trial de novo from the arbitration award to the
claimants dated April 28, 2010, rendered by arbitrator Murray Greenberg in the amount of $2.75
million; and
WHEREAS, the City will contest any proceeding seeking to obtain a claims bill for any amounts
above the sovereign immunity cap of $200,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby directed not to request trial de novo from the non
binding arbitration award to the claimants dated April 28, 2010 in the case of Colindres v. City of
Miami, Case No.: 07-13294.
Section 3. In the event Plaintiffs do not request trial de novo and a final judgment in the
amount of $2.75 million is entered, the Director of Finance is authorized to pay the Plaintiffs, without
admission of liability, the aggregate total sum of $200,000, in satisfaction of the final judgment up to
the sovereign immunity cap, with funds allocated from the Self -Insurance and Insurance Trust Fund,
Index Code No. 05002.301001.515000.0000.00000.
Section 4. The City Attorney is hereby directed to contest any proceedings seeking to obtain a
claims bill for any amounts above the sovereign immunity cap of $200,000,
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Cite of Miami Page 1 of 2 File Id: 10-00629a (Version: 1) Printed On: 611/2010
File Number: 10-00629a
APPROVED AS TO FORM AND CO TNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miand Page 2 of 2 File Id. 10-00629a (version: 1) Printed On: 6/1/2010