2001-24282 RESO
RESOLUTION NO. 2001-24282
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
A STIPULATION OF SETTLEMENT BETWEEN LOUIS
P ACIOCCO AND THE CITY OF MIAMI BEACH ET AL. AND
AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, Louis Paciocco has, through his attorney, asserted claims against the City of
Miami Beach, et al. ("City") in Louis Paciocco v. City of Miami Beach. Louis C. Di<;ppa. David A.
McCue. Albert 1. Prieto. Richard Prince. and Mario M. Roio, in the United States District Court for
the Southern District of Florida, Case No. 96-0828-CIV-FERGUSON; and
WHEREAS, the parties desire to settle the outstanding claims to avoid further costs and
risks oflitigation, and with continued express denial ofliability by the City, and the City Attorney
and the City Manager recommend that it is in the best interest of the City to resolve this case; and
WHEREAS, the parties have agreed to the terms and conditions as set forth in the Affidavit
and Release of Claims attached hereto as Exhibit "A"; and
WHEREAS, Louis Paciocco has agreed to dismiss his action, with prejudice, against the
City and all Defendants upon full execution of this Stipulation and City Commission approval of this
Stipulation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1:
That the City Commission approves the Stipulation of Settlement attached as
Exhibit "A".
Section 2:
That the City Commission hereby authorizes all necessary City personnel to
execute the Stipulation of Settlement documents and consummate the terms
thereof
PASSED and ADOPTED this 31st day of
January ,2001.
~~
lC .... ~
MAYOR
ATTEST:
iJw p~~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
F:\ATTO\PAPD\I>ACIOCCO\PACIOCCO_RES
~~
~OJ
FEB-14-2001 16:27
CITY ATTORNEY MIAMI BEACH
305 673 7002 P.04/08
AFFIDAVIT AND RELEASE OF ALL CLAIMS
FOR THE SOLE CONSIDERATION of the payment to me/us at this
time of the sum of FOUR HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS
($460,000.00) and other good and valuable consideration, to me/us
in hand paid, the receipt of which is hereby acknowledged, I/WE,
LOUrS VERNON PAC IOCCO, and my/our heirs, executors, administrators,
and assigns, hereinafter referred to as AFFIANT(S), being under no
legal disability, do hereby release, acquit and forever discharge,
and for my/our heirs, executors, administrators, and assigns do
hereby remise, release and forever discharge CITY OF MIAMI BEACH,
LOUIS C. OIEPPA,DAVID A. MCCUE, ALBERT J. PRIETO, RICHARD PRINCE,
MARIO M. ROJ.O hereinafter referred to as "RELEASEES," and their
successors and any current or former employees, agents, or
officers, assigns, heirs, executors, administrators, and all other
persons, firms and corporations who might be liable of and from any
and all federal, state, or local actions, causes of action, rights,
claims, demands, damages, attorney fees, costs, loss of services,
expenses, and compensation, on account of, or in any way growing
out of, any and all known and unknown, foreseen and unforeseen,
bodily ~nd personal injuries, property damage, arrest,
incarceration, alleged violation of civil rights, loss of
reputation, and the consequences thereof, resulting or to result
from a certain incident that occurred on or about September 9,
19514, in Miami Beach, "lorida and including but not limited to
those which were or could have been brought in the civil action
styled Louis Vernon l?ac::iocco v. City of Miami Beach, Louis C.
Dieppa, David A. McCue, Albert J. Prieto, Richard Prince, and Mario
M. Rojo, Case No. 96-0828-CIV-FERGUSON,MAGISTRATE BANDSTRA, U.S.
District Court, Southern District of Florida.
,.
!/we hereby declare and represent that the injuries sustained
are permanent and progressive and that recovery therefrom is
uncertain and indefinite, and in making this Release and Agreement,
it is understood and agreed that I/we rely wholly upon my/our own
judgment, belief and knowledge of the nature, extent and duration
of said injuries, and that I/we have not been influenced to any
extent whatever in making this Release by any representations or
statements regarding said injuries, or regarding any other matters,
made by the persons, firms, or corporations who are hereby
released, or by any person or persons representing him or them, or
by any physician or surgeon by him or them employed.
It is further understood and agreed that this settlement is
the compromise of a doubtful and disputed claim, and that the
payment is not to be construed as an admission of liability on the
part of the "RELEASEES, " by whom llability is expressly denied.
For the aforesaid consideration, we hereby agree to hold the
l?age 1 of 3 Pages
FEB-14-2001 1&:27
CITY ATTORNEY MIAMI BEACH
305 &73 7002 P.0S/0S
"RELEI\SEES" FREE AND HARMLESS from, and to INDEMNIFY AND DEFEND the
aforesaid "RELEASEES" and his, her, their and its succeeeors and
assigns, heirs, executors, or administrators, against any claim,
loss, damage or expense brought or occasioned by my spouse.
parents, or dependents, and his, her, their, and its successors and
assigns, heirs, executors and administrators arising out of or in
connection with, or alleged to have arisen out of or in connection
with the incident that is the subject of this Release.
AFFIANT(S) hereby s~ate under oath that there are no unpaid
obligations incurred and owing by AFFIANT(S) to any hospi~al for
services or medicines or medical appliances or x-rays of any kind
rendered or incurred as a result of the incident described herein.
AFFIANT(S) further state that no services, medicines, medical
appliances, or x-rays of any kind were received by AFFIANT from any
Veterans Hospital, Naval or Military Hospital, or any other medical
institution maintained by the United States Government, as a result
of the incident described herein.
AFFIANT (S) furth@r stat@ that no claim has been made by
AFFIANT against any person, firm or corporation as an alleged
employer under the Worker's Compensation Laws of ehe Seate of
Florida or any other statl!!, nor havl!! any medical sl!!rvices of
doctors, nurses, hospitals or OCher institutions of any kind,
drugs, medicines, etc., been furnished to AFFIANT by any such
employer in connection with the accident which gave rise to the
claims which are now being seetled in connection with which this
Affidavie is given.
This Affidavit is made to induce the said RELEASEES and those
making payment: for or on behalf of RELEASEES to enter such
s@t:tll!!ment: and pay said sum of money to AFFIANT(S) without securing
any of the following:
1. Any release Dr releases of lil!!n of hospital or
hospitals in the State of Florida, under the laws
of the State of Florida, or under any ordinance of
any county or municipality.
2. Any release or releases of lien of hospital or
hospieals of the United Staees Government,
including Veterans Hospitals, Naval Hospitals,
Military Hospitals, and other medical services.
3. Any release or satisfaction of any lien of any
employer or insurance carrier of employer, for
benefits, services, medical and otherwise, paid by
Page 2 of 3 Pages
FEB-14-2001 15:27
CITY RTTDRNEY MIRMl BERCH
305 573 7882 P.e5/8S
virtue of Worker'3 Compensation Laws of the State
of Florida, or any other state.
4. Any release or satisfaction of lienor any
insurance carrier tor benefits and services,
medical or otherwise, paid by virtue of the Florida
Automobile Reparations Act, or any other insurance
policy, auto or otherwise.
THE UNDERSIGNED S?ECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY
AND HOLD HARMLESS the said RELEASEES and those making such payment
tor and on behalf of said RELEASEES in connection with such
settlement, against any and all loss, costs, expenses, hospital
bills, medical bills, therapy bills and attorneys' fees incurred as
a result of the payments described herein or in any other respect,
including all such losses, costs, expenses and fees incurred in the
enforcement of this Release and Affidavit.
This Release contains the ENTIRE AGREEMENT between the parties
hereto, and the terms of this Release are contractual and not a
mere recital.
AFFIANT further states that we have carefully read the
foregoing Release and know and understand the contents thereof, and
we sign the same as our own free act.
WITNESS my/our/hand and seal this ~ day of ~~
2001. Sealed and delivered in the presence of:
~~
OUIS VERNON PACIOCCO
STATE OF FLORIDA)
) SS
COUNT! OF DADE ) r-
On this Jh... day of hJ" nAJ.A. /
appeared, LOUIS VERNON PAC~~~~hO
who has produced
did take an oath and depose and
instrument and they/he/she
executed the same,
Banally
o me or
on and who
t.he above
they/he/she
MY COMMISSION EXPIRES:
Page 3 of 3 Pages
"'~~""'" Michael B. Feiler
f.'f'J;"'ii"f;1 MY COMMISSION # CC749412 EXPIRES
'"" ~i" June a, 2002
'\.~~""f\..*".:' ~ONDEO THllU TROY FAIN INSURANCe. \NC.
.P.f,,,.,
OFFICE OF THE CITY ATTORNEY
<6'~ of~.lI-
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. GIj-O(
TO:
SUBJECT:
Mayor Neisen O. Kasdin and DATE: January 31, 2001
Members of the City Commission
Murray H. Dubb~ . AAJ/IJ ___
City Attorney /~~\l~
Discuss Possib{e Settlement on Louis Vernon Paciocco vs. City of Miami Beach.
dill. United States District Court, Southern District of Florida, Case No. 96-
0828
FROM:
Please add the above captioned matter to the Commission Agenda.
Agenda Item R lOB
Date 1-3/-0 J
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139