HomeMy WebLinkAboutR-75-0333RESOLUTION NO. 75-333
A RESOLUTION AUTHORIZING AND DIRECTING THE
DIRECTOR OF FINANCE TO ACCEPT CHECK OF
$3500.00 PROM TRAVELERS INSURANCE COMPANY
IN SETTLEMENT OF VALUE OF ATTORNEYS* FEES
FOR SERVICES RENDERED BY THE CITY OF MIAMI
LAW DEPARTMENT IN DEFENDING THE CITY IN THE
LAW SUIT OF GREGALOT ET AL, V. CITY OF MIAMI
ET AL:, CASE NOS, 73-18031, 73-9623, 73-5204,
AND 73=19425, INVOLVING THE COLLAPSE OF THE
BLEACHERS AT DINNER KEY AUDITORIUM ON OR ABOUT
AUGUST 9, 1972.
WHEREAS, on or about March 8, 1973 suit was filed by
Albert A. Gregalot and wife, as well as by five other persons,
injured when the bleachers collapsed at Dinner Key Auditorium
on or about August 9, 1972; and
WHEREAS, the City of Miami should have been a named insured
by the Travelers Insurance Company, insuror of George MacLean,
to defend the City of Miami in these law suits; and
WHEREAS, in a separate trial on the coverage question decided
by a jury on November 26, 1974 in favor of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
and directed to accept the check of $3500.00 in settlement of
the value of attorneys' fees for services rendered by the City
of Miami Law Department in defending the City of Miami in the
Cases Nos. 73-18031, 73-9623, 73-5204 and 73-19425, involved in
the collapse of the bleachers at the Dinner Key Auditorium during
the wrestling matches on August 9, 1972.
PASSED AND ADOPTED this 10 day of APRIL , 1975.
PREPARED ANb^)APPROVED BY:
MAURICE A, FERRE
Monts ue Rosenberg, Asst. City Attorr}y MAYO
OP
APPROVED AS TO FO M AN CORRECTNESS:
4411.10)
ity
s:E;t1PAAGAII4V, o)W41:1;10"*.
Jean S. Lloyd, Attorney
"DOCUMENT INDEX
ITEM ND.... „►
CITY COMMISSION
MEETING OF
APR 10 1975
RESOIuTION raO. 7�h 3' .
ittNttat itrtiAtt
•
RAMCO FORM 22
That
(I. Wrl
Kitow 141 illett y Thesej)rcstnts:
CITY OF MIAMI
first patty, for and in crmsidrration of the sum of TIIREE THOUSAND FIVE HUNDRED DOLLARS
I)ollors, or other t�nlurtltlt• considerations. received from or on of
and 00/100 ($3,500.00)
THE TRAVELERS INDEMNITY COMPANY
second party, the receipt whereof is hereby acknowledged,
ledged,
(%Sherrter tt.rd herein the trim• "bud pmts.- and -,rr.nu! {r.ir sht!! unlade +;:.::.'sr ar•d t•I•ual, hens, Ir,al reprrsrnta-
tives. and a.signs ..( inch+idmal. an<I the suet r,., n au•l a+, .n+ ,.d r'•tp •earl •m eh' n•t'•r tl,.• iontrst +.+ ad mtt or ret,u:res. )
JIF:la:lie' remise. release, acquit, satisfy, and forever discharge for said second party. of and from
all, and all martrte,.• of action and actions, cause and causes of action, suits, debts, clues, sums of money,
accounts, reckonings. bonds, bills. Specialties, covenants, contracts, corttrocersi. s, agreements, promises. vari-
ances, trespasses. dantartes, judgments, executions, claims and demands whatsoever, itt law or in equity,
which said first party ever had, now has, or u'lticlt any personal representative, successor, heir or assign of
said first party, hereafter con, shall or may hate, against said second party, for, upon or by reason of arty
matter, cause or thing ntltrrtsoeter, from the beginning of Site world to tlio day of these presents.
This release specifically includes, but is not limited to,
the claim for Attorney's fees made by the City of Miami arising
from the Denial of Coverage by The Travelers Indemnity Company
in cases 03-18031, 73-9623, 73-5204, 73-19425, involving
the collapse of the bleachers at Dinner Key Auditorium on or
about August 9, 1972, presently pending in the Circuit Court
of Dade County, Miami, Florida.
In fitness Itihertoi, i have hereunto set my {land and seal this
day of , A. 1)., I975 .
Signed, sealed and delivered in presence of
1.
ATT ST: H. De SDUTH ;N
STATE UP k•LC)RII)A,
COUNTY OF Dade
4:4,(147442.44.---- MD
Paul Andreas, City Manager
(Corporate Seal
1 IIERE.UY CERTIFY that on this day, before fine, an
officer duly autbot'ied in the St,tte aforesaid and in the County aforesaid to tak:• acknowledgments, personally appeared
><..! r• 'c c: t r"✓
to me known to be the ;,rrsnn rletrrihed in and who executed the forecoit.r instrtarnent attd he a, know:edged
before me that he executed th.' s:unr.
WITNESS my hand and official seal in the County and State last aforesaid this ;
,? ,r A.D. 19 75
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Ale4 Hofr .cheer, sa.,
CARE' DT AUSrII,
CQ & sW40 , 1, A.
650 Seybold Bldg.
Florida 33132
day of
NOTA1r► PU44UC STAR OP FLOlf10,4 AT LAROf
M' CeAtMf(irePi ftrlIff Ot}i t& 1997
Oettote Tkow alto t44 rwsuivoce tt►lttor► heir
INTER--OFF/GE ME:MOF?ANDuM
TO.
The Honorable Members
of the City Commission
/1.-JL4bdIAIP‘ti"
_ John S. Lloyd,
City Attorney
April 2, 1975
Settlement for Attorney's Fees
Travelers Insurance Company
Gregalot v. City et al.
Circuit Court No. 73c5204
(Check for $3500.00)
Suit was filed by Albert A. Gregalot and his wife on March 8, 1973
along with five other persons injured at an accident on August 9,
1972 in the bleachers of the Dinner Key Auditorium during a
wrestling match when the stands collapsed.
The City was successful in requiring the Travelers Insurance Company,
insurors for George MacLean, to defend the City of Miami, in a
separate trial of the coverage question decided by a jury on
November 26, 1974 in favor of the City of Miami.
Since the City of Miami should have been a named insured by the
Travelers Insurance Company and the jury decision indicated such,
instead of separately suing Travelers for the value of the services
of the Assistant City Attorneys involved in said cause, settlement
was worked out by Assistant City Attorney Montague Rosenberg in the
amount of $3500.00 in settlement of the value of attorneys fees
rendered by the City in defending the cause and establishing coverage.
I accordingly recommend that the City accept the sum of $3500.00 as
and for value of attorneys' fees for services rendered by the Law
Department of the City of Miami.
JSL/MR/fl
ENCL($3500.00 check)