HomeMy WebLinkAboutR-03-0432J-03-395
4/16/03
RESOLUTION NO. 03— 432
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
MARTHA WILSON, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $38,500, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE OF MARTHA WILSON VS. CITY OF MIAMI, ET
AL., IN THE CIRCUIT COURT OF MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 02-19891 CA 22,
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, Martha Wilsonfiled a claim and lawsuit against the
City of Miami, in Miami -Dade Circuit Court Case No: 02-19891 CA
22, arising out of a July 16, 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 $38,500;
CITY COON
MEETING Of
MAY 0 8 2003
Resolution N.O.
03- 432
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
Martha Wilson, without admission of liability, the sum of $38,500
in full and complete settlement of any and all claims and demands
against the City of Miami, for the case of Martha Wilson vs. City
of Miami, et al., in Miami -Dade Circuit Court Case No: 02-19891
CA 22, 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— 432
PASSED AND ADOPTED this 8th day of May , 2003.
/MA EL A. DIAZ, MAYOR
EST:
4A .
44,1.. �M' /�- - ajn�"�
PRISCILLA T OMPSON
CITY CLERK
APPROVZl AS/ ;l FORM,010D
C17Y ATTORNEY
W7191:tr:AS:HGH
Page 3 of 3 03— 432
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
CA -26
TO: Mayor and Members of the Ci o fission
FROM: Alejandro Vilarello, City orne
DATE: April 16, 2003
RE: Proposed Settleme - ommission Agenda -May 8, 2003
Martha Wilson v o Miami, et al.
Case No. 02-19891 CA 22
Claim No. 011/V/2001236
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 $38,500.
This is an action brought by Martha Wilson against the City of Miami relating to an
automobile accident that occurred on July 16, 2001. The accident occurred at the intersection of
NW 54`h Street and NW 7th Avenue in the City of Miami at approximately 8:30 am. The City of
Miami driver struck Plaintiff's vehicle from the rear as she was stopped at a red light.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $38,500 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
W860:tr:AS:HJMV
W860 03- 432