HomeMy WebLinkAboutR-02-0793J-02-590
7/2/02
RESOLUTION NO. 02— 793
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JORGE PALOMINO THE SUM OF $60,000, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE JORGE PALOMINO VS. CITY OF MIAMI, ET
AL., IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 00-10409 CA (05),
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. 515001.624401.6.651.
WHEREAS, Jorge Palomino, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 00-10409 CA (05), in Miami, Miami -Dade County,
Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of 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 Insurance and Self -
Insurance Trust Fund and said Office recommends that said claim
and lawsuit be settled for the sum of $60,000.00;
CITY COMUSMON
=t.
J U !. 2002
02- 793
NOW, 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
Jorge Palomino the sum of $60,000 in full and complete settlement
of any and all claims and demands against the City of Miami, for
the case Jorge Palomino vs. City of Miami, et al, in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 00-10409 CA (05), 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 allocated from the Self -Insurance
Trust and Insurance Fund, Index Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
ii 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 02- 793
PASSED AND ADOPTED this 9th day of July 2002.
MANUEL A. DIAZ, MAYORI,
ATTEST:
PRISCILLA A. T OMPSON
CITY CLERK
APPROVED AS T.(;L FORM A.W- CORRECTNESS -&
LO
CITY^TTORNEY
393:JOB:dd
Page 3 of 3 'y
CITY OF MIAMI CA=9
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: July 2, 2002
RE: Proposed Settlement -City Commission Agenda -July 9, 2002
Jorge Palomino vs. City of Miami, et al.
Dade Circuit Court Case No. 00-10409 CA 05
Claim No. 011/V-96-130 (J-02-590)
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 $60,000.
The Plaintiff, Jorge Palomino, allegedly suffered permanent injuries as a result of a
collision with a police vehicle operated by a City of Miami police officer. Plaintiff seeks
compensation for damages against the City including past and future medical expenses, lost
wages, loss of enjoyment of life, and pain and suffering. The accident occurred on April 4, 1996,
at approximately 12:15 a.m. on State Road 826. The Florida Highway Patrol reported that the
officer's careless driving was a contributing cause of the accident. The City's accident review
board found the accident to have been preventable, the officer was reprimanded and his take
home car privileges were suspended for a period of three (3) months.
Funds in the amount of $60,000 will be allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.651.
AV/JOB/dd
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
Wo» 02— 793