2000-23915 RESO
RESOLUTION NO. 2000-23915
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A
SETTLEMENT OF THE TORT CLAIM STYLED LUPIT A
TUCKER AND CHARLES TUCKER, HER HUSBAND V. CITY
OF MIAMI BEACH, A MUNICIPAL CORPORATION, 11 TH
JUDICIAL CIRCUIT COURT CASE NO. 99-28470 CA 01,
AND WILL PAY $200,000.00 FROM THE CITY'S RISK
MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE
~ 768.28; AND FURTHER AUTHORIZING THE EXECUTION
BY THE OFFICE OF THE CITY ATTORNEY OF ANY AND
ALL DOCUMENTS RELATED TO THE SETTLEMENT.
WHEREAS, on December 10, 1999, the City was served with a lawsuit
pursuant to Florida Statute ~768.28 alleging that on April 20, 1999, a City lifeguard
negligently and carelessly operated and/or maintained a 1994 Ford Bronco which was
used for beach patrol activities and caused same to run over the eight (8) months
pregnant Plaintiff who was lying on the beach causing her to suffer multiple pelvic and
pubic fractures, joint dislocations, contusions and bruises, psychological injuries, pain,
suffering, lost wages, hospital and medical bills and causing her husband to suffer
mental anguish, psychological injuries, lost wages, medical expenses and loss of
consortium for which the plaintiffs sought damages, costs, and attorney's fees under
the Florida Waiver of Sovereign Immunity Statute; and
WHEREAS, subject to the terms set forth herein, the plaintiffs and the City,
without admission of liability, have resolved any and all claims and disputes by and
between them; and
WHEREAS, the City Attorney's office and the City Manager's office recommend
ratification of this settlement; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein ratify a settlement of the claim styled Lupita Tucker and Charles
Tucker, her husband v. City of Miami Beach, for which the City will pay $200,000.00
from the City's Risk Management Fund; and further ratify the execution of any and all
related documents by the City Attorney's office.
PASSED and ADOPTED this 10th day of
May
,2000.
MAJ~
ATTEST:
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C TY CLERK
APPROVED ~ TO
FORM & lANGUAGE
& FOR EXECUTION
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Date
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSIONMEMORANDUMNO.3,S--oO
TO:
Mayor Neisen o. Kasdin and
Members of the City Commission
Murray H. Dubbin A II -U,WiVV
City Attorney (\JV\ ij vv
DATE: May 10, 2000
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING A SETTLEMENT OF THE TORT
CLAIM STYLED LUPIT A TUCKER AND CHARLES TUCKER, HER
HUSBAND V. CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION,
11TH JUDICIAL CIRCUIT COURT CASE NO. 99-28470 CA 01, AND
WILL PAY $200,000.00 FROM THE CITY'S RISK MANAGEMENT FUND
PURSUANT TO FLORIDA STATUTE ~768.28; AND FURTHER
AUTHORIZING THE EXECUTION BY THE OFFICE OF THE CITY
ATTORNEY OF ANY AND ALL DOCUMENTS RELATED TO THE
SETTLEMENT.
I am transmitting the attached Resolution which will be heard by the Commission after the May 10,
2000 closed Executive Session to be held in the City Manager's Large Conference Room at lunch
recess.
cc: Lawrence A. Levy
City Manager
Agenda Item e. I .D
Date 5-10 - DC)
1700 Convention Center Drive -- Fourth Floor -- Mian.. ....~.._.., _ ___ ____