HomeMy WebLinkAboutR-03-0189J-03-116
2/18/03
RESOLUTION NO.
93- 189
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ODAYLS
GONZALEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $30,000 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 ODALYS GONZALEZ V. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 01-12091 CA (10), 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, Odalys Gonzalez, filed a claim and lawsuit against
the City of Miami, in the Eleventh Judicial Circuit, Case
No. 01-2091 CA (10) 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
$30,000;
Z� �
CITY COMMISSION
MEETING OF
FEB 2 7 ?PP3
Resolution No.
03- 189
L--=-
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
Odalys Gonzalez, without admission of liability, the sum of
$30,000 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 Odalys Gonzalez v. City of Miami, in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 01-12091 CA (10), 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 funds
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
�i 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- 189
PASSED AND ADOPTED this 27th day of February , 2003.
ATTEST:
r
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED
&B -1.3t
CTNESS:tl
Page 3 of 3
MANUEL A. DIAZ, MAY
33- 189
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEM(
TO: Mayor and Members of the
CA -11
FROM: Alejandro Vilarello i o e
DATE: February 19, 2
RE: Proposed S ement-City Commission Agenda- ebruary 27, 2003
Odalys Gonzalez vs. City of Miami
CASE NO.: 01-12091 CA (10)
Claim No.: 011/V/2000-223 (J-03-116)
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 $30,000.00.
The Plaintiff, a thirty-one year old, allegedly suffered permanent injuries as a result of a
collision with a solid waste truck, on July 6, 2000, operated by a City of Miami driver. She was
left with a herniated disc in her lower back. She is seeking damages including past and future
medical expenses, lost wages, loss of enjoyment of life, and pain and suffering. Her medical
expenses for past care are $17,991.00. She seeks future expenses and lost wages.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $30,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
AV/RMM
Attachment
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 189