HomeMy WebLinkAboutR-02-0628J-02-441
5/28/02
RESOLUTION NO. 02— 628
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
SANDRA AGUTAR, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $50,000.00, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE OF
SANDRA AGUTAR VS. CITY OF MIAMI, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 00-17516 CA (20), UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI,
ITS PRESENT AND FORMER OFFICERS, AGENTS
AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFORE FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.624401.6.652.
WHEREAS, Sandra Aguiar, filed a claim and lawsuit against y
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 00-17516 CA (20), in Miami, Miami -Dade
County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office and the Division of Risk
Management pursuant to Section 18-232 of the Code of the City of
Miami, Florida, as amended, which created the City of Miami's
CITY CIMMSWO
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U N 1 3 2002
I'ezolution No.
02- 628
Insurance and Self -Insurance Trust Fund and said Offices
recommend that said claim and lawsuit be settled for the sum of
$50,000.00;
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 hereby authorized
to pay Sandra Aguiar, without admission of liability, the sum of
$50,000 in full and complete settlement of any and all claims
and demands against the City of Miami, for the case of Sandra
Aguiar vs. City of Miami in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case
No. 00-17516 CA (20), upon the execution of a general release
releasing the City of Miami, its present and former officers,
agents and employees from any and all claims and demands, with
funds therefore hereby allocated from the Self -Insurance Trust
and Insurance Fund, Index Code No. 515001.624401.6.653.
Page 2 of 3
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorl/
PASSED AND ADOPTED this 13th day of June , 2002.
6MANA. DIAZ, OR
ATTEST:
61AII44 - � � ' �x 6�—' A2��—
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED ,ID'S TOAOR"D CORRECTNESS : �
ALEJANDR VILARELLO
CITY ATTORNEY
6/MVT/eh
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 3 of 3
02- 628
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: June 6, 2002
RE: Proposed Settlement -C' Commission Meeting -June 13, 2002
Sandra Aguiar vs. 00 of Miami, et al.
Eleventh Judicial Gffcuit Court Case No.: 00-17516 CA 20
Claim No.: 011 NI 99-025 (J-02-441)
This action for damages arises from a motor vehicle accident on October 17, 1998,
when a police car hit the rear end of the vehicle in which the plaintiff was a passenger. In
addition to neck pain and headaches, the plaintiff allegedly developed a serious condition
known as Temporomandibular Joint (TMJ) which causes her jaw to click loudly and eating
certain foods difficult. Her dentist has given her a 10% impairment rating.
Because of the plaintiff's age and life expectancy (56 years), the City's exposure is
above the recommended settlement amount of $50,000.
I recommend the approval of the attached proposed Resolution to settle all claims.
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 will be
allocated from the Insurance and Self Insurance Trust Fund, Index Code
No. 515001.624401.6.652.
AV(MVT
Attachment
Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
02- 628
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
Sue R. Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney
DATE: June 5, 2002
RE: Financial review and approval for payment of settlement in the case
of Sandra Aguiar vs. City of Miami, et al., Eleventh Judicial Circuit
Case No. 00-17516 CA (20), J-02-441
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
June 13, authorizing settlement in the amount of $50,000, in the case of Sandra Aguiar vs. City
of Miami, Eleventh Judicial Circuit Case No. 00-17516 CA (20).
Funds in the amount of $50,000 are available from the Self -Insurance and Insurance Trust
Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Lugena Boles, Administrative Assistant, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARCELO PENHA
ACTING DIRECTOR
W715:LB kow * 00
f bUS ANON fuWA
REVIEW AND APPROVAL BY THE
DIVISION OF RISK MANAGEMENT
?. de'j- e4lo-G'
R. SUE WELLERat--
ACTING ADMINISTRATOR
02- 628
CITY OF MIAMI -
CITY ATTORNEY'S OFFICE CA1
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: June 6, 2002
RE: Proposed Settlement -City Commission Meeting -June 13, 2002
Sandra Aguiar vs. City of Miami, et al.
Eleventh Judicial Circuit Court Case No.: 00-17516 CA 20
Claim No.: 011 NI 99-025 (J-02-441)
This action for damages arises from a motor vehicle accident on October 17, 1998,
when a police car hit the rear end of the vehicle in which the plaintiff was a passenger. In
addition to neck pain and headaches, the plaintiff allegedly developed a serious condition
known as Temporomandibular Joint (TMJ) which causes her jaw to click loudly and eating
certain foods difficult. Her dentist has given her a 10% impairment rating.
Because of the plaintiffs age and life expectancy (56 years), the City's exposure is
above the recommended settlement amount of $50,000.
I recommend the approval of the attached proposed Resolution to settle all claims.
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 will be
allocated from the Insurance and Self Insurance Trust Fund, Index Code
No. 515001.624401.6.652.
AV/MVT
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
02- 628
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
Sue R. Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney
DATE: June 5. 2002
RE: Financial review and approval for payment of settlement in the case
of Sandra Aguiar vs. City of Miami, et al., Eleventh Judicial Circuit
Case No. 00-17516 CA (20), J-02441
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
June 13, authorizing settlement in the amount of $50,000, in the case of Sandra Aguiar vs. City
of Miami, Eleventh Judicial Circuit Case No. 00-17516 CA (20).
Funds in the amount of $50,000 are available from the Self -Insurance and Insurance Trust
Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Lugena Boles, Administrative Assistant, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARCELO PENHA
ACTING DIRECTOR
W715:LB or*v.I
lw#we ahowl
REVIEW AND APPROVAL BY THE
DIVISION OF RISK MANAGEMENT
? U --.c &Jt2�,
R. SUE WELLER
ACTING ADMINISTRATOR
02- 628