HomeMy WebLinkAboutR-03-0950a
J-03-744
08/18/03P'
RESOLUTION NO. 0 950
0
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ISIS CASTANO, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $70,000 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
ISIS CASTANO V. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 00-19312 CA (13), 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, Isis Castano, filed a claim and lawsuit against the
City of Miami, in the Eleventh Judicial Circuit, Case
No. 00-19312 CA (13) 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
$70,000;
:CITY COON
MEETING OF
Resolution No.
03- 950
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
Isis Castano, without admission of liability, the sum of $70,000
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 Isis Castano v. City of Miami, in the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 00-19312
CA (13), 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.l
1� 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�3_ 950
PASSED AND ADOPTED this 11th day of September , 2003.
ATTEST:
PR SCILLA A. THOMPSON
CITY CLERK
APPXVEDz,/AS//i`O FORM AND CORRECTNESS:
ABLE DPO/t9ILARELLO
CIT ATTORNEY
7468:RMM:smg
Page 3 of 3 13_ 950
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
CA -34
FROM: Alejandro Vilarello, Ci A
DATE: September 2, 2003,
RE: Proposed Settlem -City Commission Meeting -September 11, 2003
Isis Castano vs. itv of Miami
Case No.: 00- 312 CA (13)
Claim No.: 012/GL/2000-003 (J-03-744)
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 $70,000.
Plaintiff is a 29 year-old legal secretary who claims to have tripped and fallen on broken
tiles on the sidewalk located on the north side of West Flagler Street between North Miami
Avenue and Miami Court on June 29, 1999. The specific tiles in question have been repaired.
As a result of the fall, Plaintiff suffered from a tom meniscus, fluid in the knee and
damage to articular cartilage. A first arthroscopic surgery was performed on Plaintiff's right
knee a year after the fall. The Plaintiff had to eventually undergo a second arthroscopic surgery
due to a recurrent tear, of the patella. The Plaintiff's medical bills were in excess of $46,000.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $70,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
W924/AV/RMM
Attachment
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 950