HomeMy WebLinkAboutR-03-0092J-03-075
1/13/03
RESOLUTION NO. 0 3- 092
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
DENISE GALVEZ THE SUM OF $90,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE OF DENISE GALVEZ VS. CITY OF MIAMI, IN
THE CIRCUIT COURT OF MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 01-22400 CA (09), UPON
EXECUTING A 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, Denise Galvez filed a claim and lawsuit against the
City of Miami, in Miami -Dade Circuit Court Case No: 01-22400 CA
(09), for injuries sustained in an automobile accident on
December 13, 2000; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Self -Insurance and Insurance Trust Fund and said
Office recommends that the claim and lawsuit be settled for the
SUM of $90,000;
CITY CQAR CMION
MEETUM OF
Resolution No.
03- 092
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
Denise Galvez the sum of $90,000 in full and complete settlement
of any and all claims and demands against the City of Miami, for
the case of Denise Galvez vs. City of Miami, in Miami -Dade
Circuit Court Case No: 01-22400 CA (09), upon executing a 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
1� 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- 092
PASSED AND ADOPTED this 23rd day of Janaury , 2003.
4014cmf6w ",ft.
MANUEL DIAZ, MAYOR
qEST:
R'ISCILLA. A. THOM SON
CITY CLERK
APPROVED AS-"fO FOA AND CORRECTNESS:tj
&EEJAN O—VILARELLO
CITY TTORNEY
W6844:TR:AIS:BSS
Page 3 of 3
0i-- 092
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: January 15, 2003
CASE NO.: 0l -22400
Claim No.: 007N/2001-101
CA -14
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the amount of $90,000.
The plaintiff, a 27 -year-old woman, sustained a fractured arm and lacerated scalp on
December 13, 2000, when her car collided with a Solid Waste garbage truck at the intersection of
Coral Way and S.W. 29th Avenue. The City's garbage truck was turning left onto ' Coral Way
when it impacted with the front of the plaintiff's vehicle. The collision resulted in a total loss of
the plaintiff's automobile. The City's Solid Waste driver was cited for failing to yield the right-
of-way to Ms. Galvez's vehicle. Additionally, the Solid Waste Department determined that this
was a preventable accident.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $90,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
cc: Carlos A. Gimenez, City Manager
Agenda Coordinator
�-- 092