HomeMy WebLinkAboutR-03-0431J-03-374
4/17/03
RESOLUTION NO. 03— 431
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
YOLANDA PERSON, 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, FOR THE
CASE OF YOLANDA PERSON VS. CITY OF MIAMI, ET
AL., IN THE CIRCUIT COURT OF MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 02-24620 CA 03,
UPON EXECUTING A RELEASE FOR THE CITY SOF
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, Yolanda Person filed a claim and lawsuit against
the City of Miami, in Miami -Dade Circuit Court Case No. 02-24620
CA (03), arising out of a November 27, 2001 automobile accident;
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 $30,000;
CITY C0NXj=.,0j,
MEETING p
MAY 0 S 2003
Resolution No.
03- 431
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
Yolanda Person,
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, for the case of Yolanda Person
vs. City of Miami, in Miami -Dade Circuit Court Case No: 02-24620
CA 03, 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
�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- 431
PASSED AND ADOPTED this 8th day of May , 2003.
Z2 e
EL A. DIAZ ,MAYOR
ATTEST:
( a - 0849-t��
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED TO,ORM P9D CORRECTNESS :N?�'
CEJJZ&DRO VILARELLO
CIW ATTORNEY
W7174:tr:AS:HJH� l
Page 3 of 3 03- 431
CITY MIAMI
CITY AT OORNEY S OFFICE CA -2 5
MEMORANDUM
TO: Mayor and Members of City mmission
FROM: Alejandro Vilarello i t ey
DATE: April 22, 2003
RE: Proposed Settleme -City Commission Agenda -May 8, 2003
Yolanda Person s. City of Miami, et.al.
Case No. 02-24620 CA 03
Claim No. 007/V/2002-045
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 $30,000.
The Plaintiff, Yolanda Person, sustained injuries in an automobile accident on November
27, 2001. A Detective in the Miami Police Department, on his way to work in a police vehicle,
drove east on Kendall Drive and struck the middle of a vehicle that had crossed the nine lanes of
traffic on Kendall while driving south on SW 124th Avenue. That vehicle hit a third vehicle,
which hit a fourth vehicle. The Plaintiff in this case was the driver of the fourth 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 $30,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
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w859 03- 4 31