HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the ' i , �o ► iss .n
FROM: Alejandro Vilarello, C'
DATE: March 1, 2004
RE: Proposed Settle ► - - - Commission Agenda -March 11, 2004
Betty Simpson, et al. s. City of Miami, Case No. 96-57157 CA 21
Claim No. 015/PT/94-081
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the amount of $90,000.
This is an action brought by Betty Simpson as Personal Representative of the Estate of
Morena Simpson, deceased, against the City of Miami for Wrongful Death. The decedent,
Morena Simpson, 34, the mother of a four -month old child, was shot and killed by Carl Hurd,
her estranged boyfriend, on March 25, 1994. Plaintiff's theory of liability is that the day prior to
the murder the police failed to take Hurd into custody based on allegations that he violated a
restraining order.
The day before, on March 24, 1'994, the decedent telephoned the City of Miami Police
Department to complain that Hurd had come to her home and threatened her. Although Hurd
had left the scene when the responding officer arrived, the officer notedin his police report that
the allegations would constitute a violation of a restraining order. Later that day a Miami police
officer detained Hurd and notified the initial responding officer, who, in turn, responded to the
location. After talking with Hurd, the officer released him. The officer explains that he did not
take Hurd to jail for violating the restraining order because Hurd denied threatening Ms.
Simpson. The next day Hurd murdered Ms. Simpson. There was no Internal Affairs complaint or
investigation.
Ms. Simpson is survived by her mother, who is the Personal Representative of her estate,
and her son, who is now 11 years old. The City's total exposure is $200,000. The plaintiff has
agreed to settle for $90,000.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $90,000 are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651,
Attachment(s)
c: Joe Arriola, City Manager
John Timoney, Police Chief
Elvi G. Alonso, Agenda Coordinator
W/019/CCM