HomeMy WebLinkAboutR-03-0261J-03-322
3/19/03
RESOLUTION NO. 03— 261
A RESOLUTION OF THE MIAMI CITY EQMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE"TO PAY AS
SETTLEMENT TO PLAINTIFF, ELENA PRUNEDA,
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 PRUNEDA VS. THE CITY
OF MIAMI, FILED IN THE CIRCUIT COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 01-29823 CA 01, UPON THE EXECUTION OF A
GENERAL RELEASE BY ELENA PRUNEDA AND LAZARO
PRUNEDA, ACCEPTABLE TO THE CITY ATTORNEY, OF
ALL CLAIMS AND RELEASING THE CITY OF MIAMI,
ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $65,000, FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
WHEREAS, Elena Pruneda filed a claim and lawsuit against the
City of Miami in the Circuit Court in and for Miami -Dade County,
Florida, Case No. 01-29823 CA 01; and
WHEREAS, the City Attorney's Office and the Division of Risk
Management have 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 recommend that said claims and lawsuits
be settled for the sum of $65,000;
CITY COM OSSWU
MEETING :9
MAR ? 7 ?P03
tiasolution No.
03- 261:,.
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
to Elena Pruneda and the Law Offices of Robins & Reynolds, P.A.,
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 servant, in the case of
Elena Pruneda v. City of Miami, filed in the Circuit Court in and
for Miami -Dade County, Florida, Case No. 01-29823 CA 20, upon the
execution by Elena Pruneda and Lazaro Pruneda of a general
release of all claims releasing 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. 515001.624401.6.652.
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- 261
PASSED AND ADOPTED this 27th
ATTEST:
ISCILLA T OMPSON
CITY CLERK
APPROVED AS
LLO
ATTORNEY
W7130:WB:kdw:AS
AND CORRECTNESS:
day of March , 2003.
McANUEL A. DIAZ, MA
Page 3 of 3 03—
3r 261
CA -17
CITY OF MIAMI
CITY ATTORNEY'S OFFICE;
MEMORANDUM
TO: Mayor and Members of the Ci o fission
FROM: Alejandro Vilarello, City omey
DATE: March 19, 2003
RE: Proposed Resolution— C' Commission Meeting- March 27, 2003
Elena Pruneda vs. Ci of Miami
Miami -Dade Circui ourt, Case No. 01-29823 CA (01)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and its officers, agents and servants, in the above -referenced case in
the amount of $65,000.
This is a negligence action for a trip and fall injury on a City of Miami sidewalk near
Citrus Grove Elementary School. Plaintiff, an elderly female cafeteria worker at the school,
sustained a massive tear of her rotator cuff, which could not be surgically repaired, dental
injuries, and miscellaneous contusions. She was not able to return to work after the accident due
to her permanent injury and subsequent deteriorating condition. She contends the City was on
notice of the defective condition of the sidewalk, which had a make -shift patch installed prior to
her fall.
The City Attorney's Office, and the Risk Management Division, have investigated and
evaluated this case and have approved the recommendation of this settlement.
Funds in the amount of $65,000 are available for this settlement from the Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
cc: Joe Arcola, City Manager
Elvi G. Alonso, Agenda Coordinator
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03- 291