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File #: R-2018-396    Version: 1 Name: Settlement with Jean Suarez
Type: Resolution Status: Passed
File created: 12/3/2018 In control: Office of the City Attorney
On agenda: 12/19/2018 Final action: 12/19/2018
Title: A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Jean Suarez, Individually And As Personal Representative Of The Estate Of Daniel Tyson, In The Amount Of $750,000.00, No More Than $175,000 Of Which Will Be Paid By The City.
Attachments: 1. Suarez Settlement Reso rev.pdf, 2. BIS 19-052.pdf
Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Jean Suarez, Individually And As Personal Representative Of The Estate Of Daniel Tyson, In The Amount Of $750,000.00, No More Than $175,000 Of Which Will Be Paid By The City.

Body

Staff Recommends: Approval of Resolution


Explanation:
In 2016, Jean Suarez, individually and on behalf of the estate of Daniel Tyson, filed a civil action against the City of Hollywood for damages resulting from the death of Daniel Tyson on or about October 27, 2014. In the civil action, it is alleged that Daniel Tyson died while being detained by City police officers as a result of excessive force, negligence and by failing to provide a reasonable accommodation for his mental disability. Jean Suarez has asserted claims for wrongful death and violation of the Americans with Disabilities Act and Rehabilitation Act.

The City's attorneys and the Plaintiff's attorneys have negotiated a settlement in the amount of $750,000.00 along with the placement of a memorial stating "In loving memory of Daniel M. Tyson" near a tree where her and her son used to visit in ArtsPark at Young Circle in exchange for a full release of all claims, including a claim for attorney's fees. The City is the insured under an insurance policy with Underwriters at Lloyd's of London, which is available in connection with Jean Suarez's claim. The Lloyd's of London insurance policy is subject to a $400,000 self-insured retention obligation, of which no more than $175,000 remains.

If this settlement is approved by the City Commission, the remainder of the City's self-insured retention, in an amount no greater than $175,000, will be paid from the City's self-insurance fund, with the remainder of the settlement proceeds being paid by Lloyd's of London.

The City denies that it in any manner caused the death of Mr. Tyson, and the settlement of these claims...

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