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HomeMy WebLinkAboutR-75-117012/18/75 JtAegg RESOL1i'tION No. 7S-111Q A RESOLUTION AUTHORIZING TIIE DIRECTOR OF FINANCE TO PAY TO JOSEPH VEARGIS, SR., AS FATHER AND NEXT FRIEND, AND AS ADMINISTRATOR OF THE ESTATE OF JOSEPH VEARGIS, JR. , DECEASED, WITIiOU'I' THE ADMISSION OF LIABILITY, THE SUM OF $17,500.00, IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM. AGAINST THE CITY OF MIAMI FOR ALLEGED DAMAGES RESULTING FROM AN INCIDENT IN THE VICINITY OP DOU('YLAS ROAD AND LOQUAT AVENUE, MIAMI, FLORIDA, ON FEBRUARY 20, 1971, WHEN THE DECEDENT WAS FATALLY SUOT BY A CITY OF MIAMI POLICE OFFICER; SUCIH PAYMENT TO BE EFFECTED UPON TIIE EXECUTION OF A RELEASE RELEASING TIIE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. WHEREAS, the Plaintiff JOSEPH VEARGIS, SR., filed actions in the Circuit Court as father and next friend, and as administrator of the estate of Joseph Veargis, Jr., his deceased son, against the City of Miami. Such actions bearinL nut.Lers 72- 3o,, :an z 72-13677, respectively, rcferre.: ain t c:r damages allegedly reswlt:n.a frot1 an incident in the vicinity of Douglas Road and Loquat Avenue, Miami, Florida, on February 20, 1971, when his son Joseph Veargis, Jr. was fatally shot by a City of Miami police officer, and EM 1%' V W.IEREAS, after extensive preparations and•pre covery, on the morning of the trial, Plaintiff's counsel agreed to accept the sum of $17,500.00 in full and complete settlement of this case/ and WHEREAS, the office of the City Attorney recommends that this claim be settled for the above amount; NOW, THERE ' A BE IT RE ,VRD BY THE CO M 1XSSt mF THE CITY tP MIAMI, FLORIDA: Section 1. That the Director of Finance is hereby authorized to pay to JOSEPH VEARCIS, SR., as father and next friend, and as administrator of the estate of Joseph Veargis, Jr., deceased, without the admission of liability, the sum of $17,500.00, in full and complete settlement of his claim against the City of Miami for alleged damages resulting from an incident in the vicinity of Douglas Road and Loquat Avenue, Miami, Florida, on February 20, 1971, when the dseedent was fatally shot by a City or Miami police officer. Section 2. The aforementioned payment shall be effected upon the execution of a release releasing the City of Miami from all claims and demands. PASSED AND ii)UPTED this 14 jay of December • `-At test : esouohea_..�.. _ _......,.. CITY CLERK PREPARED AND APPROVED BY: 41. JOSE B, ALVAREZ, red r Torts Division Law Department APPROVED AS TO FORM AND CORRECTNESS: OHN S. LLOYD ty Attorney aIrLt A. F.•rr. MAYO R fr Honorable Members of December 1,>, 1975 the City Commission Sett ,c`i'._nt of Cases in John S Llo . oseph Veargis vs. City' and cer:, l d inc Jones vs. City Resolution JOS Pii VE RCTS, SR., filed actions .in the Circuit Court as father and ne:,t friend, and as administrator of the estate of Joseph Vearis, Jr., his deceased son, against the City of Miami. Such actions, bearing numbers 72-' 36 0 and 72-13677, respactivel'', referred to a claim for alleged damages result- ing from the following facts: On the night of rebruary 20, 1971, Joseph Veargis, Jr. was shot in the back of the head by a City of Miami police officer in the vicinity of Douglas Road and Loquat Avenue, Miami, rlorida. The decedent was one of four passengers in a suspected stolen vehicle which was being staked out by police units. The subject vehicle was forced off the road and stopped, and when all passengers alighted, a scuffle took place during which one of the police officers thought he saw the barrel of a firearm in the hands of 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 'ie, ,.he police officer shot at Joseph Veargis, Jr., while the ' t t er was running away. The shot hit the decedent in the back .) h;s i.e3d an he later died at Jackson Memorial Hospital. The original c'. a i r . : t_ r Ud! .;i ,c_ s was for three quarters of a rni l lion dollars. Alter c::.et,s . -c prepar:t L ions and discovery, on the morning of :lie r is l , �; i i, �_ • c''7,ers 0 the jury waiting, tie! if,":");"‘ f_- l:� . r1 l ti / .,,LLOW' ... Tot City Commission 'rom t City Attorney 12/18/75 Res Veargis and .Jones . conse': ur he plaintiff agreed to accept the sutra o1 $17, 5©0 f1 ' .ins; Co: ,p iG t_e settlement of the case. 1,41.iie advice of Mr. Jose 13. Alvarez, Director e Torts Di sion of this office, 1 ,ecommc_nd Lhat this ca ). settled for the aforementioned sur of 31. 7 , Th0. in the case of GERALllI IE JCS •er. s* the Cit.- the piainti f `, as mother and next' it iend o . Stew,lr Jones, f 1 cd an action in Circuit Court bearing No, 72-44{,WThis is a companion case to the case of Joseph • •c, :r•:: s, ss•,: . a' 4-Y.T!, In which the plaint i Tf CEMALDINE JONES c1« s..,s dama,tes ror injuries sustained her son, Stewart Jones, as a :'ei.;: 1 t u:: three sots being fired a. is ii: . nder substantiallys io.- ; rcur. stances as those in the case o - `.'eargis; Jones wa grounded and as a consequence he had to receive medical attention and hospita' treatment. After extensive preparaLioii the plaintiff agreed to accept complete seLtier'ent of this 'case. ations, counse ::or 50 in full and Based upon the advice of 21r. Jose B. Alvarez, rector of the Torts Division of this office, I recommend that this case be settled for the aforementioned amount of $1,250. JSL:J11A:gg • •