HomeMy WebLinkAboutR-03-0260J-03-199
03/13/03
RESOLUTION NO. 03— 260.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
GEORGE DOUGLAS SCOLLIN AND LINDA
ZIBELLI-SCOLLIN, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $65,000 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
GEORGE DOUGLAS SCOLLIN AND LINDA
ZIBELLI-SCOLLIN V. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-31252
CA (22), 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, George Douglas Scollin and Linda Zibelli-Scollin,
filed a claim and lawsuit against the City of Miami, in the
Eleventh Judicial Circuit, Case No. 01-31252 CA (22) 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
$65,000;
CITY COYMSMOR
MEETIM CE
MAR 2 7 2003
Resolution No.
03- 260
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
George Douglas Scollin and Linda Zibelli-Scollin, without
admission of liability, the sum of $65,000 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. 01-31252 CA (22),
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
�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-
260
PASSED AND ADOPTED this 27th day of March , 2003.
MANUEL A. DIAZ, MAYOR --
ATTEST:
PR SCILLA A. HOM SON
CITY CLERK
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. . . .. .... ............. ... ..... .. ..
E O VILARELLO
CIT ATTORNEY
6988:RMM:smg
AND CORRECTNESS :/
Page 3 of 3 03- 260
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City (
FROM: Alejandro Vilarello, City,
DATE: March 13, 2003
CA -16
RE: Proposed Settlnt-Ci ommission Agenda -March 27, 2003
George Dou 1 s ScolliK and Linda Zibelli-Scollin vs. Cily of Mi
CASE NO.: 01-31 CA (22)
Claim No.: 012/GL/2001-042 (J-03-199)
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 $65,000.00.
The Plaintiff, 63 year-old George Scollin and his wife, filed suit against the City of
Miami for past medicals, future medicals, pain and suffering, lost wages and loss of earning
capacity and consortium damages arising out of a trip and fall accident that occurred when the
Plaintiff fell through a missing plank at Dinner Key Marina. As a result of the fall, the Plaintiff
suffered severe injuries in his knee, which eventually resulted in orthoscopic surgery. His
orthopedic surgeon opined that the Plaintiff has been left with a 12% impairment rating. In
addition, there is a reasonable medical certainty that Plaintiff will have to undergo a complete
knee replacement procedure for the injuries he sustained as a result of this 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 $65,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
W832/AV/RMM
Attachment
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 260