HomeMy WebLinkAboutR-11-0512City of Miami
Legislation
Resolution: R-11-0512
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01140a Final Action Date: 12/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY STEVEN K. SCHWARTZ, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MICHAEL BRADSHAW, JR., DECEASED,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $500,000, AND TO PAY
SAMMY BROWN AND TRINA KANCEY, AS CO -PERSONAL REPRESENTATIVES
OF THE ESTATE OF SAMUEL TAVARIS BROWN, DECEASED, THE SUM OF
$500,000, 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, IN THE CASES STYLED,
STEVEN K. SCHWARTZ, ETC. VS. THE CITY OF MIAMI, ETAL., PENDING IN THE
CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 07-44810 CA 08,
AND SAMMY BROWN AND TRINA KANCEY, ETC. V. THE CITY OF MIAMI, ETAL.,
PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.:
08-80065 CA 08, UPON THE EXECUTION OF GENERAL RELEASES OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Steven K. Schwartz, as Personal Representative of the Estate of Michael
Bradshaw, Jr., deceased, Sammy Brown and Trina Kancey, as co -personal representatives of the
Estate of Samuel Tavaris Brown, deceased, 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.: 07-44810 CA 08 and 08-80065 CA 08, 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 Ave., Miami; and
WHEREAS, the City Attorney's Office has investigated these claims and lawsuit, pursuant to
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 $500,000 each;
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 Steven K. Schwartz, as Personal
Representative of the Estate of Michael Bradshaw, Jr., deceased, without admission of liability, the
sum of $500,000, and to pay Sammy Brown and Trina Kancey, as co -personal representatives of the
Estate of Samuel Tavaris Brown, deceased, the sum of $500,000, in full and complete settlement of
any and all claims and demands, including attorney's fees and costs, against the City of Miami, its
agents, officers and employees, in the case of Steven K. Schwartz, etc. v. The City of Miami, et al.,
City of Miami
Page 1 of 2 File Id: 11-01140a (Version: 1) Printed On: 10/26/2017
File Number: 11-01140a Enactment Number: R-11-0512
pending in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case
No.: 07-44810 CA 08, and in the case of Sammy Brown and Trina Kancey v. The City of Miami, et al.,
pending in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case
No.: 08-80065 CA 08, upon the execution of general releases of all claims and demands, and a
dismissal of the City of Miami, 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}
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 Miami Page 2 of 2 File Id: 11-01140a (Version: 1) Printed On: 10/26/2017