HomeMy WebLinkAboutR-02-0629J-02-486
5/24/02
RESOLUTION NO. 02— 629
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
GUSTAVO A. MURILLO JR., GUSTAVO MURILLO SR.,
RUTH MURILLO, AS NEXT FRIENDS AND GUARDIANS,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$142,500, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, FOR THE CASE GUSTAVO MURILLO A. JR.,
A MINOR, BY AND THROUGH GUSTAVO MURILLO, SR.,
AND RUTH MURILLO, AS NEXT FRIENDS AND GUARDIANS
VS. CITY OF MIAMI, HEINTZELMAN'S TRUCK CENTER,
INC. A FLORIDA CORPORATION, AND CEDARVILLE
MANUFACTURING, INC., A FOREIGN CORPORATION, IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI -DADS COUNTY, FLORIDA,
CASE NO. 00-10788 CA (01), 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 FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.624401.6.653.
WHEREAS, Gustavo A. Murillo, Jr., Gustavo Murillo, Sr., and
Ruth Murillo, as next friends and guardians, filed a claim and
lawsuit against the City of Miami, in the Circuit Court of the
Eleventh Judicial District, Case No. 00-10788 CA (01), in Miami,
Miami -Dade County, Florida; and
CITY COMMISSION
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02- 629
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of 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 Self -Insurance and Insurance Trust Fund and said
Offices recommend that said claim and lawsuit be settled for the
sum of $142,500;
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
Gustavo A. Murillo, Jr., Gustavo Murillo, Sr., and Ruth Murillo,
as Next Friends and Guardians, without admission of liability,
the sum of $142,500 in full and complete settlement of any and
all claims and demands against the City of Miami, for the case
Gustavo A. Murillo, Jr. by and through Gustavo Murillo, Sr. and
Ruth Murillo, as next friends and guardians vs. City of Miami,
Heintzelman's Truck Center, Inc. a Florida corporation, and
Cedarville Manufacturing, Inc., a foreign corporation in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No. 00-10788 CA (01), upon the
Page 2 of 3 02- 629
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 allocated from the Self -
Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.653.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 13th day of June , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
CORRECTNESS:,
At�kJANDVILARELLO
CITY-DtTTORNEY
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MANUEL A. DIAZ, M R
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
CITY OF
1
CITY ATTORNEY'S OFFICE CAS
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, CWAttorney �!,
DATE: May 30, 2002
RE: Proposed Resolitid -City Comm sion Agenda -June 13, 2002
Gustavo A. Murillo. Jr. a Minor v and through Gustavo Mu
Case No.: 00-10788 CA (01)
Claim No. 011/V/99-225
(J-02-486)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the amount of $142,500, payable to Ruth and Gustavo Murillo, as
parents and guardians of Gustavo Murillo, Jr., a minor.
This accident occurred on September 21, 1999, at NW 14`h Avenue and NW 34`h Street
when the minor, who was 14 years old, was struck by a City of Miami "crane truck." The minor
fell under the front left wheel of the truck and the truck drove over the mid-section of the boy.
The minor was hospitalized for 51 days and underwent multiple surgeries. The Plaintiffs
have incurred more than $330,000 in medical expenses to date.
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 $142,500 will be allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.624401.6.653.
AV/RSO/md:LB
Attachment
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
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02-- 629
,QFQC,1 rV OF MIAMI
jUN �I�YATTOR'�ppN��E��Y''S**M4"AY 31 PM 2: 28
TO: Marcelo P ,,A0,4ng I it tor, Department o anager`ih`&MHudget
Sue R. Weller, Acting Adi lftistrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney
a
DATE: May 24, 2002
RE: Financial review and approval for payment of settlement in the �C&�
of Gustavo Murillo vs. City of Miami, et al., Eleventh Judicial Gircifit
Case No. 00-10788 CA (01), J-02-486
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
June 13, authorizing settlement in the amount of $142, 500, in the case of Gustavo Murillo vs.
City of Miami, Eleventh Judicial Circuit Case No. 00-10788 CA (01).
Funds in the amount of $142,500 are available from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.653.
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 MANAGENIINT
AND BUDGET:WC
!n'7
i
MARCELO PEND `-
ACTING DIRECTOR
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REVIEW AND APPROVAL BY THE
DIVISION OF RISK MANAGEMENT
"'? - of 4
SUE R. WELLER
ACTING ADMINISTRATOR
02- 629