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HomeMy WebLinkAboutR-75-117112 • • . • • lip • • RLsolivrIow No, 75•1171 AISTAGRIZINC T118 DIRECTOR PAY TO CTRALDINE JONES, uP STEWART . , , THE ADMISSION ,2: ol• hriz ALIAVE: -WI\GES RES_LTiNc CR(,:, A% INCIDL:NT IN OC ': ROND AND LOQUAT AVENUE, MIAMI, uN FEBRUARY 20, WULN I ' STEWART JONES, WAS SHOT.AT 10: A CITY OF :11.A1. P01,ICC, SUCH PAYENT I' N' A 4. CITY 011 MIA7,',1 rpm:Y. ALL CL,IYS PE:IAND--; • % "..12.>".! :r L(;r rt:($11(:: nor, filed Col,r!. a ;a:nst Lhe City of Miami, bearin: damages resulting from an incid(2nt ,n Road and Loquat ,r VP when her son .as sh.)f.._ at. ami •,.. Miar. police -ar 171DEX offLcer7 and WHEREAS, after etensi-e pre):rttions and after negotia- ; 0 4 • 'ions, counsel for the Plai!lt.,:f Alreed to accept the sum of SI.250.00 in full and c.)Trillete settlement of this case; and WHEREAS. H.c offce of the City Attorney recommvds that this clair be settled for the above amount; NOW, THEREFORE, B8 IT R8SOLVED BY TUE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ft • • I S LLLkJV •i• Section 1. Tha'. the Director of Finance ill hereby authorised to pay to CERALD1NE JONES, as mother and next friend of Stewart Jones, a minor, without the admission of liability, the sum of $ 1, 250.00, i n , f o l 1 and complete settlement of her claim a:Jainst. the C'i alleged damaqes resulting • • from an incident ,n , e Avenue, Miami, Flor , (a, n .'<•. r ) Stewart Jones, was slot V. a„ . police officer. Section 2. The .;1:-c-1 upon the execution f a re'f.•.,';, all claims and demands. PASSED AND ADOPTED t CLIStst ^ �. H. D. Soohern CITY CUR K PREPARED AND APPROVED BY: JOSE B. AGV'IREZ, Director Torts Division taw Department APPR 11 .;uglas RoaJ and Loquat 1971, when her son, ity of Miami sha t 1 be effected tsn 1 City_ of `i1 .r:i from AS TO FORM AND CORRECTNESS: V/ rOliN S. GGUYE City Attorney - 2 - dad. of - MAYOR i ei• A F"r iff 4010 l !tY o 1tA41!, MORICIA is rtn.O!FrCs mtMditAH©NM to honorable ;Iertbers of the City Commission RAAM John S. Lloyd i ./ tt• ' e December 13, 1975 Settlement of cases in litigation Joseph Veargis vs. City; and Geraldine Jones vs. City Resolution JOSE?f{ l7\iCI3, SR., filed actions in the Circuit Court as father and next friend, and as administrator of the estate of Joseph Vea r; i s, .jr., Liz deceased son, against the City of .'•tiami. Such actions, bearing nuriers 72-1368© and 72-13677, s ^' ►1;: , referred to a claim for alleged damages result - °flowing facts: On Hie c, February 20, 1,)71, Joseph Vear j s, Jr. was Stl..t of the head City of :t1C'.?, police office. - in P.oa c I Loqua` rtt•en::e, Miami, r i c : ce-:or t '::as one of four passengers in a suspected :aaz being staked out by police units. -.-ohicle was forced off the road and stopped, and when all p-:ssengers alighted, a scuffle took place during which one cal the police officers thought he saw the barrel of a firearm in the hands o: the decedent. Later, however, investigative teams made a thorough search of the premises where the action took place and found no weapon either in this area or on the person of the decedent. In the process of trying to stop the subjects, being engaged in the scuffle, the chase that ensued, and primarily in fear of his life, the police officer shot at Joseph Veargis. Jr., while the latter was running away. The shot hit the decedent in the back of his head and he later died at Jackson Memorial Hospital. The original claim for damages was for three quarters of a zillion. dollars. After extensive preparations and discovery, on the morning of the trial, with the rerbers of the jury wait:.n3, "SUPPORT','Ic DCCUMENTS�� F... L LV » Tot City Cor.ttrission PreMs City. Attornot• 2 12,E 1 °3 /7 5 not `'ezar7is and .'ones counsel for the plaintiff agreed to accept the sup of $1/,5,;; in full and cor'pl€:te sett let; ent of the case. Based upon the advice of Mr. Jose B. Alvarez, rest Torts nivision of this office, I recommend that this _ase be settled for the a::oret entioned sum of $17,500. In the case of GTRALDItiE JONES versus the City n:u;.;i, t1 plaintiff, as rother and next friend of Stewart .t 'r,es, filed an action in Circuit Court bearing No. 72-I6505. ':iis is a companion case t.o the case of Joseph Vearli s, Jr. in which the tp l a _nt i2= ci \LDINE JONES clai!73 sustained by her son, Stewart Jones, as a res_..; being fired at him under substantially those in the case of Veargis; Jones was wounded ,ind 3 s .i consequence he had to receive medical attention wr.:i hospta treatr.-ent . Ater extensive preparation and after negotiations, counsel for intiff agreed to accept the sum of $1,250 in full and p to settlement of this case. rased upon the advice of P-1r. Jose B. Alvarez, Director of the Torts Division of this office, I recommend that this case be settled for the aforementioned amount of $1,250. • 4' (_ , J S i,: Jti : gg