HomeMy WebLinkAboutLegislation (Version 2) 04-14-11City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00243 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA
KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE
DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY, WITHOUT
ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $200,000, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI,
ITS OFFICERS, AGENTS AND EMPLOYEES, THE POLISH AMERICAN CLUB OF
MIAMI, INC., DIANE THOMAS, AND OTHER PERSON OR ENTITY THAT MAY
HAVE LIABILITY, IN THE CASES STYLED, MARGARITTE DINGLE VS. THE
POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT
COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND
THEOANDRIA KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF
MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENERAL
RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE
DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Margaritte Dingle, Theoandria Kendrick, a minor by her mother and natural
guardian Denise Davis, Michael Johnson, Sr., as Personal Representative of the Estate of Michael
Johnson, Jr.., and Kevaris Daughty, the Polish American Club of Miami, Inc., and the City of Miami, are
engaged in litigation in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County,
Florida, Case Nos.: 09-44642 CA 13 and 09-44642 CA 13, concerning a shooting incident on Sunday,
June 17, 2007, at approximately 1:15 a.m., at the Polish American Club of Miami, Inc., 1250 Northwest
22nd Avenue, Miami, Florida; and
WHEREAS, the Cite-Attorneys-C7ffice-has-investigated-these-claims-and-lawsUit;-pursuar►t-te---.-.--_
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claims and lawsuit be settled for the sum 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 Director of Finance is authorized to pay Margaritte Dingle, Theoandria
Kendrick, a minor by her mother and natural guardian Denise Davis, Michael Johnson, Sr., as
Personal Representative of the Estate of Michael Johnson, Jr., and Kevaris Daughty, without
admission of liability, the aggregate total sum of $200,000 in full and complete settlement of any and
City of Miami Page 1 of 2 File Id: 11-00243 (Version: 2) Printed On: 3123/2011
Fil e' Numb e r: 11-00243
all claims and demands, including attorney's fees and costs, against the City of Miami, its agents,
officers and employees, the Polish American Club of Miami, Inc., Diane Thomas, and any other person
or entity that may have liability in the cases of Margaritte Dingle v. The Polish American Club of Miami,
Inc., et al., and Theoandria Kendrick, etc., et al., vs. The Polish American Club of Miami, Inc., et al.,
pending in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case
Nos.: 09-44642 CA 13 and 09-44642 CA 13, upon the execution of general releases of all claims and
demands, and a dismissal of the defendants with prejudice, with funds allocated from Account No.
05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
�f-
JULI (Q". BRU
CITY ATTORNEY
notes:
(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 Miami Page 2 of 2 File Id: 11-00243 (Version: 2) Printed On: 3/23/2011