HomeMy WebLinkAboutR-03-0017J-03-039
12/27/02
RESOLUTION NO. 03— 017
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
CARLA McKNIGHT, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $49,000 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF
CARLA MCKNIGHT V. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-8694
CA (13), UPON EXECUTING A GENERAL RELEASE FOR
THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.651.
WHEREAS, Carla McKnight, filed a claim and lawsuit against
the City of Miami, in the Eleventh Judicial Circuit, Case
No. 01 8694 CA (13) in Miami, Miami -Dade County, Florida; and
WHEREAS, the City Attorney's Office has investigated this
claim and lawsuit, pursuant to Sections 18-221 through 18-232 of
the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of
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Resolution No.
0 3 - 017
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
Carla McKnight, without admission of liability, the sum of
$49,000 in full and complete settlement of any and all claims and
demands against the City of Miami, its officers, agents and
servants in the case Carla McKnight v. City of Miami, in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 01-8694 CA (13), upon executing a general release for
the City of Miami, its present and former officers, agents and
employees from any and all claims and demands, with funds
allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 2 of 3
03- 017
PASSED AND ADOPTED this 9th
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO
ALE
CA
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day of January , 2003.
MANUEL A. DIAZ, MAYO
SS &
Page 3 of 3 03-
017
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
CA -20
DATE: December 30, 2002
RE: Proposed Settlement -City Commission Agenda -January 9, 2003
Carla McKnight vs. City of Miami
Case No.: 01-8694 CA (13) [Claim No. 007/V/9910](J-03-39)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the above referenced case, in the amount of $49,000.00.
The Plaintiff, a thirty-one year old, allegedly suffered permanent injuries as a result of a
collision with a police vehicle operated by a City of Miami police officer. The Plaintiff suffered
from a herniated disk and temporomandibular joint disorder. She is seeking compensation for
damages against the City including past and future medical expenses, lost wages, loss of
enjoyment of life, and pain and suffering. The accident occurred on June 13, 1999, at the
intersection of North Miami Avenue and 62nd Street, Miami, Florida. The officer stated that as
he approached the intersection, he observed a red light, attempted to apply his brakes, but could
not stop his vehicle in time to avoid the collision with the left side of the Plaintiff's vehicle.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $49,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
W807:RMM:BSS (Lk
Attachment
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
03- 017