RESOLUTION 89-19608 RESOLUTION NO. 89-19608
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH FLORIDA AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE A SPECIAL RELEASE
AND COVENANT NOT TO SUE REGARDING MARY JANE
BARTLEY, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF JOHN CARROLL KOPPIN, DECEASED V.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
AND CITY OF MIAMI BEACH V. AMERICAN TELEPHONE
AND TELEGRAPH COMPANY INC. , AND AT&T
INFORMATION SYSTEMS INC. , UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
CASE NO. 86-0545-CIV-SCOTT.
WHEREAS, in 1986, the City of Miami Beach and Southern Bell
Telephone and Telegraph Company were sued by the Estate of John
Carroll Koppin, a City of Miami Beach Police Officer, who
accidently shot himself in the leg while cleaning his service
revolver, and whose attempt in calling emergency number 911 was
unsuccessful due to a failure in a portion of the system; and
WHEREAS, rescue was delayed in reaching Officer Koppin, and
he later died from the injury sustained; and
WHEREAS, Southern Bell settled the Estate' s claim for
$137, 500. 00 and obtained a Release which included the City of Miami
Beach; and
WHEREAS, Southern Bell subsequently filed a cross-claim
against the City of Miami Beach for indemnification of the above-
referenced settlement payment, said cross-claim resulting in a
Court Order awarding Southern Bell $137 , 500. 00, plus attorney' s
fees; and
WHEREAS, subsequent negotiations between the parties resulted
in a settlement of the cross-claim award for the sum of
$125, 000. 00; and
WHEREAS, execution by the C j_ty of Miami Beach of the attached
Special Release And Covenant Not To Sue is needed to complete
settlement of the subject cross-claim; and
WHEREAS, Attorney Scott McNary, of Corlett, Killian, Ober,
Hardeman, McIntosh, and Levi, representing the City of Miami Beach,
has recommended that the City of Miami Beach execute the subject
Release, in that the settlement of the subject litigation is in the
best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
be and they are hereby authorized to execute the Special Release
And Covenant Not To Sue in Mary Jane Bartley, as personal
representative of the Estate of John Carroll Koppin, deceased v.
Southern Bell Telephone and Telegraph Company and the City of Miami
Beach v. American Telephone and Telegraph Company, Inc. , and AT&T
Information System, Inc. , United States District Court, Southern
District of Florida, Case No. 86-0545-COV-SCOTT.
PASSED and ADOPTED this 10th day ofAO
May _ 1989 .
007MA OR
ATTEST:
CITY CLERK
JKO/rg
FORM APPROVED
LEGAL DEQ
By t..AL.: �.
Date ���
SPECIAL RELEASE AND COVENANT NOT TO SUE
In consideration of one dollar ($1. 00) and other good and
valuable consideration paid by Southern Bell Telephone & Telegraph
Co. , American Telephone & Telegraph Company, Inc. , and AT&T Information
Systems, Inc. (hereinafter called "the telephone companies" or "the
Parties released") , receipt of which is hereby acknowledged by City
of Miami Beach (hereinafter called "Miami Beach" or "the Releasing
Party") , the releasing party hereby:
1. Releases and forever discharges the telephone companies
from any and all claims and demands of whatever nature which against
the telephone companies, Miami Beach ever had or has or hereafter
can, shall or may have, arising out of, relating to or based upon,
in whole or in part, the facts and circumstnaces asserted in or
resulting in the case of Mary Jane Bartley, as personal representative
of the Estate of John Carroll Koppin, deceased v. Southern Bell
Telephone and Telegraph Company and City of Miami Beach v. American
Telephone & Telegraph Company, INc. and AT&T Information Systems,
Inc. , in the United States District Court for the Southern District
of Florida, Case # : 86-0545-CIV-SCOTT, and all claims with regard
to attorney's fees and costs in connection with said lawsuit;
2 . Covenants not to sue the telephone companies, their sub-
sidiaries or affiliates, directly or indirectly, or to bring any
other action or litigation against any entity or individual arising
out of, relating to or based upon, in whole or in part, any matter
covered by this Special Release and Covenant Not To Sue; and
3. Agrees that this Special Release and Covenant Not To Sue
shall upon its execution be as fully binding upon the successors
and assigns of the releasing party and upon its disclosed or undisclosed
principals, if any, as it is upon the releasing party itself and
that the benefits of this Special Release and Covenant Not To Sue
shall extend to the agents, attorneys, employees, representatives,
successors or assigns of the parties released.
IN WITNESS WHEREOF, the releasing party has duly executed this
Special Release and Covenant Not To Sue this 12th day of May ,
1989 .
CITY 0/7 ':
WITNESS: /(
ATTEST: BY:
A• y Au or zed Officer
�-(ya MAYOR
CITY CLERK
STATE OF FLORIDA)
)
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
/ j.f day of May, 1989.
t.- CLA,c-Aj E.;. .
Notary Public
MAR' PUBLIC STATE OFFLORIDAMy Commission Expires:
N;' COFiNISSIGN EXP. AP c o..zi,I Q92
BONDED THRU GENERAL INS. NO.
FORM
APPROVED
LEGAL DEPT
By . ,N..., di/A,
Date a.. . r-Crici
-2-
ORIGINAL
RESOLUTION NO. 89-19608
Authorizing the Mayor and the City Clerk
to execute a special release and covenant
not to sue regarding Mary Jane Bartley,
as personal representative of the Estate
of John Carrol Koppin, deceased V.
Southern Bell Telephone and Telegraph
Company and City of Miami Beach V.
American Telephone and Telegraph Company
Inc. , and AT&T Information Systems Inc. ,
United States District-Court., Southern
District of Florida, Case No.
86-0545-CIV-SCOTT.